THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND 
ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 

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ARRANGEMENT OF SECTIONS 

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CHAPTER I 

PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 

2. Application of Act. 

3. Definitions. 

CHAPTER II 

DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE 

A.—PRELIMINARY INVESTIGATION FOR DETERMINATION OF SOCIAL IMPACT AND PUBLIC 
PURPOSE 

4. Preparation of Social Impact Assessment study. 

5. Public hearing for Social Impact Assessment. 

6. Publication of Social Impact Assessment study. 

B.—APPRAISAL OF SOCIAL IMPACT ASSESSMENT REPORT BY AN EXPERT GROUP 

7. Appraisal of Social Impact Assessment report by an Expert Group. 

8. Examination of proposals for land acquisition and Social Impact Assessment report by 

appropriate Government. 

9. Exemption from Social Impact Assessment. 

CHAPTER III 

SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY 

10. Special provision to safeguard food security. 

CHAPTER IV 

NOTIFICATION AND ACQUISITION 

11. Publication of preliminary notification and power of officers thereupon. 

12. Preliminary survey of land and power of officers to carry out survey. 

13. Payment for damage. 

14. Lapse of Social Impact Assessment report. 

15. Hearing of objections. 

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SECTIONS 

16. Preparation of Rehabilitation and Resettlement Scheme by the Administrator. 

17. Review of the Rehabilitation and Resettlement Scheme. 

18. Approved Rehabilitation and Resettlement Scheme to be made public. 

19. Publication of declaration and summary of Rehabilitation and Resettlement. 

20. Land to be marked out, measured and planned including marking of specific areas. 

21. Notice to persons interested. 

22. Power to require and enforce the making of statements as to names and interests. 

23. Enquiry and land acquisition award by Collector. 

24. Land acquisition process under Act No. 1 of 1984 shall be deemed to have lapsed in certain 

cases. 

25. Period within which an award shall be made. 

26. Determination of market value of land by Collector. 

27. Determination of amount of compensation. 

28. Parameters to be considered by Collector in determination of award. 

29. Determination of value of things attached to land or building. 

30. Award of solatium. 

CHAPTER V 

REHABILITATION AND RESETTLEMENT AWARD 

31. Rehabilitation and Resettlement Award for affected families by Collector. 

32. Provision of infrastructural amenities in resettlement area. 

33. Corrections to awards by Collector. 

34. Adjournment of enquiry. 

35. Power to summon and enforce attendance of witnesses and production of documents. 

36. Power to call for records, etc. 

37. Awards of Collector when to be final. 

38. Power to take possession of land to be acquired. 

39. Additional compensation in case of multiple displacements. 

40. Special powers in case of urgency to acquire land in certain cases. 

41. Special provisions for Scheduled Castes and Scheduled Tribes. 

42. Reservation and other benefits. 

CHAPTER VI 

PROCEDURE AND MANNER OF REHABILITATION AND RESETTLEMENT 

43. Appointment of Administrator. 

44. Commissioner for rehabilitation and resettlement. 

45. Rehabilitation and resettlement committee at project level. 

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SECTIONS 

46. Provisions relating to rehabilitation and resettlement to apply in case of certain persons other 

than specified persons. 

47. Quantification and deposit of rehabilitation and resettlement amount. 

CHAPTER VII 

NATIONAL MONITORING COMMITTEE FOR REHABILITATION AND RESETTLEMENT 

48. Establishment of National Monitoring Committee for rehabilitation and resettlement. 

49. Reporting requirements. 

50. Establishment of State Monitoring Committee for rehabilitation and resettlement. 

ESTABLISHMENT OF LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY 

51. Establishment of Land Acquisition, Rehabilitation and Resettlement Authority. 

CHAPTER VIII 

52. Composition of Authority. 

53. Qualifications for appointment as Presiding Officer. 

54. Terms of office of Presiding Officer. 

55. Staff of Authority. 

56. Salary and allowances and other terms and conditions of service of Presiding Officers. 

57. Filling up of vacancies. 

58. Resignation and removal. 

59. Orders constituting Authority to be final and not to invalidate its proceedings. 

60. Powers of Authority and procedure before it. 

61. Proceedings before Authority to be judicial proceedings. 

62. Members and officers of Authority to be public servants. 

63. Jurisdiction of civil courts barred. 

64. Reference to Authority. 

65. Collector’s statement to Authority. 

66. Service of notice by Authority. 

67. Restriction on scope of proceedings. 

68. Proceedings to be in public. 

69. Determination of award by Authority. 

70. Form of award. 

71. Costs. 

72. Collector may be directed to pay interest on excess compensation. 

73. Re-determination of amount of compensation on the basis of the award of the Authority. 

74. Appeal to High Court. 

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CHAPTER IX  

APPORTIONMENT OF COMPENSATION 

SECTIONS 

75. Particulars of apportionment to be specified. 

76. Dispute as to apportionment. 

CHAPTER X 

PAYMENT 

77. Payment of compensation or deposit of same in Authority. 

78. Investment of money deposited in respect of lands belonging to person incompetent to 

alienate. 

79. Investment of money deposited in other cases. 

80. Payment of interest. 

CHAPTER XI 

TEMPORARY OCCUPATION OF LAND 

81. Temporary occupation of waste or arable land, procedure when difference as to 

compensation exists. 

82. Power to enter and take possession and compensation on restoration. 

83. Difference as to condition of land. 

CHAPTER XII 

OFFENCES AND PENALTIES 

84. Punishment for false information, mala fide action, etc. 

85. Penalty for contravention of provisions of Act. 

86. Offences by companies. 

87. Offences by Government departments. 

88. Cognizance of offences by court. 

89. Offences to be non-cognizable. 

90. Offences to be cognizable only on complaint filed by certain persons. 

CHAPTER XIII 

MISCELLANEOUS 

91. Magistrate to enforce surrender. 

92. Service of notice. 

93. Completion of acquisition not compulsory, but compensation to be awarded when not 

completed. 

94. Acquisition of part of house or building. 

95. Acquisition of land at cost of a local authority or Requiring Body. 

96. Exemption from income-tax, stamp duty and fees. 

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SECTIONS 

97. Acceptance of certified copy as evidence. 

98. Notice in case of suits for anything done in pursuance of Act. 

99. No change of purpose to be allowed. 

100. No change of ownership without permission to be allowed. 

101. Return of unutilised land. 

102. Difference in price of land when transferred for higher consideration to be shared. 

103. Provisions to be in addition to existing laws. 

104. Option of appropriate Government to lease. 

105. Provisions of this Act not to apply in certain cases or to apply with certain modifications. 

106. Power to amend Schedule. 

107. Power of State Legislatures to enact any law more beneficial to affected families. 

108. Option to affected families to avail better compensation and rehabilitation and resettlement. 

109. Power of appropriate Government to make rules. 

110. Rules made by Central Government to be laid before Parliament. 

111. Rules made by State Government to be laid before State Legislature. 

112. Previous publication of rules made by Central and State Government. 

113. Power to remove difficulties. 

114. Repeal and saving. 

THE FIRST SCHEDULE. 

THE SECOND SCHEDULE. 

THE THIRD SCHEDULE. 

THE FOURTH SCHEDULE. 

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THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND 
ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 

ACT No. 30 OF 2013 

[26th September, 2013.] 

An Act to ensure, in consultation with institutions of local self-government and Gram Sabhas 
established  under  the  Constitution,  a  humane,  participative,  informed  and  transparent 
process  for land acquisition for industrialisation, development  of essential  infrastructural 
facilities and urbanisation with  the least  disturbance to the owners of the land  and other 
affected  families  and  provide  just  and  fair  compensation  to  the  affected  families  whose 
land has been acquired or proposed to be acquired or are affected by such acquisition and 
make  adequate  provisions  for  such  affected  persons  for  their  rehabilitation  and 
resettlement  and  for  ensuring  that  the  cumulative  outcome  of  compulsory  acquisition 
should  be  that  affected  persons  become  partners  in  development  leading  to  an 
improvement  in  their  post  acquisition  social  and  economic  status  and  for  matters 
connected therewith or incidental thereto. 

BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent  and  commencement.–(1)  This  Act  may  be  called  the  Right  to  Fair 

Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 

(2)It extends to the whole of India 1***. 

(3) It shall come into force on such date2 as the Central Government may, by notification in the 

Official Gazette, appoint: 

Provided that the Central Government shall appoint such date within three months from the date 
on which the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and 
Resettlement Bill, 2013 receives the assent of the President. 

2. Application of Act.–(1) The provisions of this Act relating to land acquisition, compensation, 
rehabilitation  and  resettlement,  shall  apply,  when  the  appropriate  Government  acquires  land  for  its 
own use, hold and control, including for Public Sector Undertakings and for public purpose, and shall 
include the following purposes, namely:— 

(a) for strategic purposes relating to naval, military, air force, and armed forces of the Union, 
including central paramilitary forces or any work vital to national security or defence of India or 
State police, safety of the people; or 

(b) for infrastructure projects, which includes the following, namely:— 

(i)  all  activities  or  items  listed  in  the  notification  of  the  Government  of  India  in  the 
Department  of  Economic  Affairs  (Infrastructure  Section)  number  13/6/2009-INF,  dated  the 
27th  March,  2012,  excluding  private  hospitals,  private  educational  institutions  and  private 
hotels; 

(ii) projects involving agro-processing, supply of inputs to agriculture, warehousing, cold 
storage  facilities,  marketing  infrastructure  for  agriculture  and  allied  activities  such  as  dairy, 
fisheries,  and  meat  processing,  set  up  or  owned  by  the  appropriate  Government  or  by  a 

1. The word “except the State of Jammu and Kashmir omitted by Act 34 of 2019, s. 95, and the Fifth Schedule (w.e.f. 31-10-

2019). 

2. 1st January 2014, vide notification No. 3729(E), dated 19th December, 2013, see Gazette of India, Extraordinary, Part II, 

sec. 3(ii). 

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farmers’ cooperative or by an institution set up under a statute; 

(iii)  project  for  industrial  corridors  or  mining  activities,  national  investment  and 

manufacturing zones, as designated in the National Manufacturing Policy; 

(iv) project for water harvesting and water conservation structures, sanitation; 

(v)  project  for  Government  administered,  Government  aided  educational  and  research 

schemes or institutions; 

(vi) project for sports, health care, tourism, transportation or space programme; 

(vii) any infrastructure facility as may be notified in this regard by the Central Government 

and after tabling of such notification in Parliament; 

(c) project for project affected families; 

(d) project for housing for such income groups, as may be specified from time to time by the 

appropriate Government; 

(e) project for planned development or the improvement of village sites or any site in the urban 
areas or provision of land for residential purposes for the weaker sections in rural and urban areas; 

(f)  project  for  residential  purposes  to  the  poor  or  landless  or  to  persons  residing  in  areas 
affected by natural calamities, or to persons displaced or affected by reason of the implementation 
of  any  scheme  undertaken  by  the  Government,  any  local  authority  or  a  corporation  owned  or 
controlled by the State. 

(2)  The  provisions  of  this  Act  relating  to  land  acquisition,  consent,  compensation,  rehabilitation 
and resettlement, shall also apply, when the appropriate Government acquires land for the following 
purposes, namely:— 

(a) for public private partnership projects, where the ownership of the land continues to vest 

with the Government, for public purpose as defined in sub-section (1); 

(b) for private companies for public purpose, as defined in sub-section (1): 

Provided that in the case of acquisition for— 

(i)  private  companies,  the  prior  consent  of  at  least  eighty  per  cent,  of  those  affected 

families, as defined in sub-clauses (i) and (v) of clause (c) of section 3; and 

(ii)  public  private  partnership  projects,  the  prior  consent  of  at  least  seventy  per  cent.  of 

those affected families, as defined in sub-clauses (i) and (v) of clause (c) of section 3, 

shall be obtained through a process as may be prescribed by the appropriate Government: 

Provided further that the process of obtaining the consent shall be carried out along with the Social 

Impact Assessment study referred to in section 4: 

Provided also that  no  land  shall  be  transferred  by  way  of  acquisition,  in  the  Scheduled  Areas  in 
contravention of any law (including any order or judgment of a court which has become final) relating 
to land transfer, prevailing in such Scheduled Areas. 

(3) The provisions relating to rehabilitation and resettlement under this Act shall apply in the cases 

where,— 

(a) a private company purchases land, equal to or more than such limits in rural areas or urban 
areas, as may be prescribed by the appropriate Government, through private negotiations with the 
owner of the land in accordance with the provisions of section 46; 

(b) a private company requests the appropriate Government for acquisition of a part of an area 

so prescribed for a public purpose: 

Provided  that  where  a  private  company  requests  the  appropriate  Government  for  partial 
acquisition of land for public purpose, then, the rehabilitation and resettlement entitlements under 

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the Second Schedule shall be applicable for the entire area which includes the land purchased by 
the private company and acquired by the Government for the project as a whole. 

Andhra Pradesh 

STATE AMENDMENTS 

In section 2, of sub-section (2), after the second proviso, the following proviso shall be added, 

namely:- 

“Provided  also  that  the  acquisition  of  land  for  the  projects  listed  in  section  10A  and  the 

purposes  specified  therein  shall  be  exempted  from  the  provisions  of  the  first  proviso  to  this                   
sub-section”. 

[Vide Andhra Pradesh Act 22 of 2018, sec. 2 (w.e.f. 1-1-2014).] 

Maharashtra 

In  section  2  of  the  Right  to  Fair  Compensation  and  Transparency  in  Land  Acquisition, 
Rehabilitation  and  Resettlement  Act,  2013  (30  of  2013),  in  its  application  to  the  State  of 
Maharashtra  (hereinafter  referred  to  as  “the  principal  Act”),  in  sub-section  (2),  after  the  second 
proviso, the following proviso shall be added, namely:- 

“Provided  also  that,  the  acquisition  of  land  for  the  projects  listed  in  section  10A  and  the 
purposes specified therein, shall be exempted from the provisions of the first proviso to this sub-
section.” 

[Vide Maharashtra Act 37 of 2018, sec. 2 (w.e.f. 26-4-2018).]  

3. Definition.–In this Act, unless the context otherwise requires,— 

(a)  “Administrator”  means  an  officer  appointed  for  the  purpose  of  rehabilitation  and 

resettlement of affected families under sub-section (1) of section 43; 

(b) “affected area” means such area as may be notified by the appropriate Government for the 

purposes of land acquisition; 

(c) “affected family” includes— 

(i) a family whose land or other immovable property has been acquired; 

(ii) a family which does not own any land but a member or members of such family may 
be agricultural labourers, tenants including any form of tenancy or holding of usufruct right, 
share-croppers or artisans or who may be working in the affected area for three years prior to 
the  acquisition  of  the  land,  whose  primary  source  of  livelihood  stand  affected  by  the 
acquisition of land; 

(iii) the Scheduled Tribes and other traditional forest dwellers who have lost any of their 
forest  rights  recognised  under  the  Scheduled  Tribes  and  Other  Traditional  Forest  Dwellers 
(Recognition of Forest Rights) Act, 2006 (2 of 2007) due to acquisition of land; 

(iv) family whose primary source of livelihood for three years prior to the acquisition of 
the  land  is  dependent  on  forests  or  water  bodies  and  includes  gatherers  of  forest  produce, 
hunters, fisher folk and boatmen and such livelihood is affected due to acquisition of land; 

(v) a member of the family who has been assigned land by the State Government or the 

Central Government under any of its schemes and such land is under acquisition; 

(vi)  a  family  residing  on  any  land  in  the  urban  areas  for  preceding  three  years  or  more 
prior to the acquisition of the land or whose primary source of livelihood for three years prior 
to the acquisition of the land is affected by the acquisition of such land; 

(d) “agricultural land” means land used for the purpose of— 

(i) agriculture or horticulture; 

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(ii)  dairy  farming,  poultry  farming,  pisciculture,  sericulture,  seed  farming  breeding  of 

livestock or nursery growing medicinal herbs; 

(iii) raising of crops, trees, grass or garden produce; and 

(iv) land used for the grazing of cattle; 

(e) “appropriate Government” means,— 

(i)  in  relation  to  acquisition  of  land  situated  within  the  territory  of,  a  State,  the  State 

Government; 

(ii) in relation to acquisition of land situated within a Union territory (except Puducherry), 

the Central Government; 

(iii) in relation to acquisition of land situated within the Union territory of Puducherry, the 

Government of Union territory of Puducherry; 

(iv) in relation to acquisition of land for public purpose in more than one State, the Central 

Government, in consultation with the concerned State Governments or Union territories; and 

(v) in relation to the acquisition of land for the purpose of the Union as may be specified 

by notification, the Central Government: 

Provided that in respect of a public purpose in a District for an area not exceeding such as 
may be notified by the appropriate Government, the Collector of such District shall be deemed 
to be the appropriate Government; 

(f)  “Authority”  means  the  Land  Acquisition  and  Rehabilitation  and  Resettlement  Authority 

established under section 51; 

(g) “Collector” means the Collector of a revenue district, and includes a Deputy Commissioner 
and any officer specially designated by the appropriate Government to perform the functions of a 
Collector under this Act; 

(h) “Commissioner” means the Commissioner for Rehabilitation and Resettlement appointed 

under sub-section (1) of section 44; 

(i) “cost of acquisition” includes— 

(i) amount of compensation which includes solatium, any enhanced compensation ordered 
by  the  Land  Acquisition  and  Rehabilitation  and  Resettlement  Authority  or  the  Court  and 
interest payable thereon and any other amount determined as payable to the affected families 
by such Authority or Court; 

(ii) demurrage to be paid for damages caused to the land and standing crops in the process 

of acquisition; 

(iii)  cost  of  acquisition  of  land  and  building  for  settlement  of  displaced  or  adversely 

affected families; 

(iv) cost of development of infrastructure and amenities at the resettlement areas; 

(v) cost of rehabilitation and resettlement as determined in accordance with the provisions 

of this Act; 

(vi) administrative cost,— 

(A)  for  acquisition  of land,  including  both  in  the  project  site  and  out  of  project area 
lands, not exceeding such percentage of the cost of compensation as may be specified by 
the appropriate Government; 

(B)  for  rehabilitation  and  resettlement  of  the  owners  of  the  land  and  other  affected 
families  whose  land  has  been  acquired  or  proposed  to  be  acquired  or  other  families 
affected by such acquisition; 

(vii) cost of undertaking ‘Social impact Assessment study’; 

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(j) “company” means— 

(i) a company as defined in section 3 of the Companies Act, 1956 (1 of 1956) other than a 

Government company; 

(ii) a society registered under the Societies Registration Act, 1860 (21 of 1860) or under 

any corresponding law for the time being in force in a State; 

(k)  “displaced  family”  means  any  family,  who  on  account  of  acquisition  of  land  has  to  be 

relocated and resettled from the affected area to the resettlement area; 

(l) “entitled to act”, in relation to a person, shall be deemed to include the following persons, 

namely:— 

(i) trustees for other persons beneficially interested with reference to any such case, and 
that  to  the  same  extent  as  the  person  beneficially  interested  could  have  acted  if  free  from 
disability; 

(ii) the guardians of minors and the committees or managers of lunatics to the same extent 
as the minors, lunatics or other persons of unsound mind themselves, if free from disability, 
could have acted: 

Provided  that  the  provisions  of  Order  XXXII  of  the  First  Schedule  to  the  Code  of  Civil 
Procedure,  1908  (5  of  1908)  shall,  mutatis  mutandis,  apply  in  the  case  of  persons  interested 
appearing  before  a  Collector  or  Authority  by  a  next  friend,  or  by  a  guardian  for  the  case,  in 
proceedings under this Act; 

(m) “family” includes a person, his or her spouse, minor children, minor brothers and minor 

sisters dependent on him: 

Provided that widows, divorcees and women deserted by families shall be considered separate 

families. 

Explanation.—An  adult  of  either  gender  with  or  without  spouse  or  children  or  dependents 

shall be considered as a separate family for the purposes of this Act; 

(n) “holding of land” means the total land held by a person as an owner, occupant or tenant or 

otherwise; 

(o) “infrastructure project” shall include any one or more of the items specified in clause (b) of 

sub-section (1) of section 2; 

(p) “land” includes benefits to arise out of land, and things attached to the earth or permanently 

fastened to anything attached to the earth; 

(q) “landless” means such persons or class of persons who may be,— 

(i) considered or specified as such under any State law for the time being in force; or 

(ii) in a case of landless not being specified under sub-clause (i), as may be specified by 

the appropriate Government; 

(r) “land owner” includes any person,— 

(i)  whose  name  is  recorded  as  the  owner  of  the  land  or  building  or  part  thereof,  in  the 

records of the authority concerned; or 

(ii)  any  person  who  is  granted  forest  rights  under  the  Scheduled  Tribes  and  Other 
Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) or under any 
other law for the time being in force; or 

(iii)  who  is  entitled  to  be  granted  Patta  rights  on  the  land  under  any  law  of  the  State 

including assigned lands; or 

(iv) any person who has been declared as such by an order of the court or Authority; 

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(s)  “local  authority”  includes  a  town  planning  authority  (by  whatever  name  called)  set  up 
under any law for the time being in force, a Panchayat as defined in article 243 and a Municipality 
as defined in article 243P, of the Constitution; 

(t) “marginal farmer” means a cultivator with an un-irrigated land holding up to one hectare or 

irrigated land holding up to one-half hectare; 

(u) “market value” means the value of land determined in accordance with section 26; 

(v) “notification” means a notification published in the Gazette of India or, as the case may be, 

the Gazette of a State and the expression “notify” shall be construed accordingly; 

(w) “patta” shall have the same meaning as assigned to it in the relevant Central or State Acts 

or rules or regulations made thereunder; 

(x) “person interested” means— 

(i)  all  persons  claiming  an  interest  in  compensation  to  be  made  on  account  of  the 

acquisition of land under this Act; 

(ii)  the  Scheduled  Tribes  and  other  traditional  forest  dwellers,  who  have  lost  any  forest 
rights  recognised  under  the  Scheduled  Tribes  and  Other  Traditional  Forest  Dwellers 
(Recognition of Forest Rights) Act, 2006 (2 of 2007); 

(iii) a person interested in an easement affecting the land; 

(iv) persons having tenancy rights under the relevant State laws including share-croppers 

by whatever name they may be called; and 

(v) any person whose primary source of livelihood is likely to be adversely affected; 

(y) “prescribed” means prescribed by rules made under this Act; 

(z) “project” means a project for which land is being acquired, irrespective of the number of 

persons affected; 

(za) “public purpose” means the activities specified under sub-section (1) of section 2; 

(zb)  “Requiring  Body”  means  a  company,  a  body  corporate,  an  institution,  or  any  other 
organisation  or  person  for  whom  land  is  to  be  acquired  by  the  appropriate  Government,  and 
includes the appropriate Government, if the acquisition of land is for such Government either for 
its  own  use  or  for  subsequent  transfer  of  such  land  is  for  public  purpose  to  a  company,  body 
corporate,  an  institution,  or  any  other  organisation,  as  the  case  may  be,  under  lease,  licence  or 
through any other mode of transfer of land; 

(zc) “Resettlement Area” means an area where the affected families who have been displaced 

as a result of land acquisition are resettled by the appropriate Government; 

(zd) “Scheduled Areas” means the Scheduled Areas as defined in section 2 of the Provisions of 

the Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996); 

(ze) “small farmer” means a cultivator with an un-irrigated land holding up to two hectares or 
with an irrigated land holding up to one hectare, but more than the holding of a marginal farmer. 

Jammu And Kashmir and Ladakh (UTS).— 

STATE AMENDMENT 

Section 3.- 

In clause (e):- 

(i) in sub-clause (ii), after “except Puducherry”, insert “and Jammu and Kashmir”; 

(ii) in sub-clause (iii), after “Union territory of Puducherry” occurring at both the places, insert 

“and Union territory of Jammu and Kashmir”. 

[Vide  the  Jammu  and  Kashmir  Reorganization  (Adaptation  of  Central  Laws)  Order,  2020,  vide 

notification No. S.O. 1123(E), dated (18-3-2020).] 

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CHAPTER II 

DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE 

A.—PRELIMINARY INVESTIGATION FOR DETERMINATION OF SOCIAL IMPACT AND  
PUBLICPURPOSE 

4. Preparation of Social Impact Assessment study.–(1) Whenever the appropriate Government 
intends to acquire land for a public purpose, it shall consult the concerned Panchayat, Municipality or 
Municipal Corporation, as the case may be, at village level or ward level, in the affected area and carry 
out a Social Impact Assessment study in consultation with them, in such manner and from such date as 
may be specified by such Government by notification. 

(2) The notification issued by the appropriate Government for commencement of consultation and 
of  the  Social  Impact  Assessment  study  under  sub-section  (1)  shall  be  made  available  in  the  local 
language  to  the  Panchayat,  Municipality  or  Municipal  Corporation,  as  the  case  may  be,  and  in  the 
offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published 
in  the  affected  areas,  in  such  manner  as  may  be  prescribed,  and  uploaded  on  the  website  of  the 
appropriate Government: 

Provided that the appropriate Government shall ensure that adequate representation has been given 
to the representatives of Panchayat, Gram Sabha, Municipality or Municipal Corporation, as the case 
may be, at the stage of carrying out the Social Impact Assessment study: 

Provided further that the appropriate Government shall ensure the completion of the Social Impact 

Assessment study within a period of six months from the date of its commencement. 

(3)  The  Social  Impact  Assessment  study  report  referred  to  in  sub-section  (1)  shall  be  made 

available to the public in the manner prescribed under section 6. 

(4) The Social Impact Assessment study referred to in sub-section (1) shall, amongst other matters, 

include all the following, namely:— 

(a) assessment as to whether the proposed acquisition serves public purpose; 

(b)  estimation  of  affected  families  and  the  number  of  families  among  them  likely  to  be 

displaced; 

(c) extent of lands, public and private, houses, settlements and other common properties likely 

to be affected by the proposed acquisition; 

(d) whether the extent of land proposed for acquisition is the absolute bare- minimum extent 

needed for the project; 

(e) whether land acquisition at an alternate place has been considered and found not feasible; 

(f) study of social impacts of the project, and the nature and cost of addressing them and the 

impact of these costs on the overall costs of the project vis-a-vis the benefits of the project: 

Provided that Environmental Impact Assessment study, if any, shall be carried out simultaneously 

and shall not be contingent upon the completion of the Social Impact Assessment study. 

(5)  While  undertaking  a  Social  Impact  Assessment  study  under  sub-section  (1),  the  appropriate 
Government shall, amongst other things, take into consideration the impact that the project is likely to 
have on various components such as livelihood of affected families, public and community properties, 
assets and infrastructure particularly roads, public transport, drainage, sanitation, sources of drinking 
water, sources of water for cattle, community ponds, grazing land, plantations, public utilities such as 
post offices, fair price shops, food storage godowns, electricity supply, health care facilities, schools 
and  educational  or  training  facilities,  anganwadis,  children  parks,  places  of  worship,  land  for 
traditional tribal institutions and burial and cremation grounds. 

(6)  The  appropriate  Government  shall  require  the  authority  conducting  the  Social  Impact 
Assessment  study  to  prepare  a  Social  Impact  Management  Plan,  listing  the  ameliorative  measures 

12 

 
required to be undertaken for addressing the impact for a specific component referred to in sub-section 
(5),  and  such  measures  shall  not  be  less  than  what  is  provided  under  a  scheme  or  programme,  in 
operation  in  that  area,  of  the  Central  Government  or,  as  the  case  may  be,  the  State  Government,  in 
operation in the affected area. 

5.  Public  hearing  for  Social  Impact  Assessment.–Whenever  a  Social  Impact  Assessment  is 
required to be prepared under section 4, the appropriate Government shall ensure that a public hearing 
is held at the affected area, after giving adequate publicity about the date, time and venue for the public 
hearing, to ascertain the views of the affected families to be recorded and included in the Social Impact 
Assessment Report. 

6. Publication of Social Impact Assessment study.–(1)The appropriate Government shall ensure 
that the Social Impact Assessment study report and the Social Impact Management Plan referred to in 
sub-section (6) of section 4 are prepared and made available in the local language to the Panchayat, 
Municipality or Municipal Corporation, as the case may be, and the offices of the District Collector, 
the  Sub-Divisional  Magistrate  and  the  Tehsil,  and  shall  be  published  in  the  affected  areas,  in  such 
manner as may be prescribed, and uploaded on the website of the appropriate Government. 

(2)  Wherever  Environment  Impact  Assessment  is  carried  out,  a  copy  of  the  Social  Impact 
Assessment report shall be made available to the Impact Assessment Agency authorised by the Central 
Government to carry out environmental impact assessment: 

Provided  that,  in  respect  of  irrigation  projects  where  the  process  of  Environment  Impact 
Assessment is required under the provisions of any other law for the time being in force, the provisions 
of this Act relating to Social Impact Assessment shall not apply. 

B.—APPRAISAL OF SOCIAL IMPACT ASSESSMENT REPORT BY AN EXPERT GROUP 

7.  Appraisal  of  Social  Impact  Assessment  report  by  an  Expert  Group.–(1)  The  appropriate 
Government  shall  ensure  that  the  Social  Impact  Assessment  report  is  evaluated  by  an  independent 
multi-disciplinary Expert Group, as may be constituted by it. 

(2) The Expert Group constituted under sub-section (1) shall include the following, namely:— 

(a) two non-official social scientists; 

(b) two representatives of Panchayat, Gram Sabha, Municipality or Municipal Corporation, as 

the case may be; 

(c) two experts on rehabilitation; and 

(d) a technical expert in the subject relating to the project. 

(3) The appropriate Government may nominate a person from amongst the members of the Expert 

Group as the Chairperson of the Group. 

(4) If the Expert Group constituted under sub-section (1), is of the opinion that,— 

(a) the project does not serve any public purpose; or 

(b) the social costs and adverse social impacts of the project outweigh the potential benefits, 

it shall make a recommendation within two months from the date of its constitution to the effect that 
the project shall be abandoned forthwith and no further steps to acquire the land will be initiated in 
respect of the same: 

Provided  that  the  grounds  for  such  recommendation  shall  be  recorded  in  writing  by  the  Expert 

Group giving the details and reasons for such decision: 

Provided  further  that  where  the  appropriate  Government,  inspite  of  such  recommendations, 
proceeds with the acquisition, then, it shall ensure that its reasons for doing so are recorded in writing. 

(5) If the Expert Group constituted under sub-section (1), is of the opinion that,— 

(a) the project will serve any public purpose; and 

13 

 
(b) the potential benefits outweigh the social costs and adverse social impacts, 

it shall make specific recommendations within two months from the date of its constitution whether 
the extent of land proposed to be acquired is the absolute bare-minimum extent needed for the project 
and whether there are no other less displacing options available: 

Provided  that  the  grounds  for  such  recommendation  shall  be  recorded  in  writing  by  the  Expert 

Group giving the details and reasons for such decision. 

(6) The recommendations of the Expert Group referred to in sub-sections (4) and (5) shall be made 
available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case 
may  be,  and  the  offices  of  the  District  Collector,  the  Sub-Divisional  Magistrate  and  the  Tehsil,  and 
shall  be  published  in  the  affected  areas,  in  such  manner  as  may  be  prescribed  and  uploaded  on  the 
website of the appropriate Government. 

8.  Examination  of  proposals  for  land  acquisition  and  Social  Impact  Assessment  report  by 

appropriate Government.–(1) The appropriate Government shall ensure that— 

(a)  there  is  a  legitimate  and  bona  fide  public  purpose  for  the  proposed  acquisition  which 

necessitates the acquisition of the land identified; 

(b)  the  potential  benefits  and  the  public  purpose  referred  to  in  clause  (a)  shall  outweigh  the 
social  costs  and  adverse  social  impact  as  determined  by  the  Social  Impact  Assessment  that  has 
been carried out; 

(c) only the minimum area of land required for the project is proposed to be acquired; 

(d) there is no unutilised land which has been previously acquired in the area; 

(e) the land, if any, acquired earlier and remained unutilised, is used for such public purpose 

and make recommendations in respect thereof. 

(2) The appropriate Government shall examine the report of the Collector, if any, and the report of 
the  Expert  Group  on  the  Social  Impact  Assessment  study  and  after  considering  all  the  reports, 
recommend such area for acquisition which would ensure minimum displacement of people, minimum 
disturbance to the infrastructure, ecology and minimum adverse impact on the individuals affected. 

(3) The decision of the appropriate Government shall be made available in the local language to 
the  Panchayat,  Municipality  or  Municipal  Corporation,  as  the  case  may  be,  and  the  offices  of  the 
District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected 
areas,  in  such  manner  as  may  be  prescribed,  and  uploaded  on  the  website  of  the  appropriate 
Government: 

Provided that where land is sought to be acquired for the purposes as specified in sub-section (2) 
of  section  2,  the  appropriate  Government  shall  also  ascertain  as  to  whether  the  prior  consent  of  the 
affected families as required under the proviso to sub-section (2) of section 2, has been obtained in the 
manner as may be prescribed. 

9. Exemption from Social Impact Assessment.–Where land is proposed to be acquired invoking 
the urgency provisions under section 40, the appropriate Government may exempt undertaking of the 
Social Impact Assessment study. 

CHAPTER III 

SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY 

10. Special provision to safeguard food security.–(1) Save as otherwise provided in sub-section 

(2), no irrigated multi-cropped land shall be acquired under this Act. 

(2)  Such  land  may  be  acquired  subject  to  the  condition  that  it  is  being  done  under  exceptional 
circumstances,  as  a  demonstrable  last  resort,  where  the  acquisition  of  the  land  referred  to  in  sub-
section (1) shall, in aggregate for all projects in a district or State, in no case exceed such limits as may 
be  notified  by  the  appropriate  Government  considering  the  relevant  State  specific  factors  and 
circumstances. 

(3)  Whenever  multi-crop  irrigated  land  is  acquired  under  sub-section  (2),  an  equivalent  area  of 

14 

 
culturable wasteland shall be developed for agricultural purposes or an amount equivalent to the value 
of the land acquired shall be deposited with the appropriate Government for investment in agriculture 
for enhancing food-security. 

(4) In a case not falling under sub-section (1), the acquisition of the agricultural land in aggregate 
for all projects in a district or State, shall in no case exceed such limits of the total net sown area of 
that district or State, as may be notified by the appropriate Government: 

Provided that the provisions of this section shall not apply in the case of projects that are linear in 
nature such as those relating to railways, highways, major district roads, irrigation canals, power lines 
and the like. 

STATE AMENDMENTS 

Andhra Pradesh 

After Chapter III, the following Chapter shall be inserted, namely: - 

“CHAPTER III A 

PROVISIONS OF CHAPTER II AND CHAPTER HI NOT TO APPLY TO CERTAIN 

PROJECTS 

10A.  Power  of  State  Government  to  exempt  certain  projects:–The  State  Government  may,  in  the 
public interest,  by  notification in the  Andhra  Pradesh  Gazette,  exempt  any  of  the  following  projects 
from the application of the provisions of Chapter II and Chapter III of this Act, namely:- 

(a) such projects vital to national security or defence of India and every part thereof, including 

preparation for defence or defence production. 

(b) rural infrastructure including electrification; 

(c) affordable housing and housing for the poor people; 

(d) industrial corridors set up by the State Government and its undertakings (in which case the 
land shall  be acquired  up  to  one  kilometer on  both sides  of  designated railway  lines  or  roads for 
such industrial corridor); and 

(e)  infrastructure  projects,  including  projects  under  public-private  partnership  where  the 

ownership of the land continues to vest with the Government: 

Provided that the State Government shall, before the issue of notification, ensure the extent of 

land for the proposed acquisition keeping in view the minimum land required for such project.” 

[Vide Andhra Pradesh Act 22 of 2018, sec. 3 (w.e.f. 1-1-2014).] 

Maharashtra 

After section 10 of the principal Act, the following section shall be inserted, namely:- 

“10A. Power of State Government to exempt certain projects 

The  State  Government  may,  in  the  public  interest,  by  notification  in  the  Official  Gazette, 
exempt  any  of  the  following  projects  from  the  application  of  the  provisions  of  Chapter  II  and 
Chapter III of this Act, namely :- 

(a) such projects vital to national security or defence of India and every part thereof, including 

preparation for defence or defence production ; 

(b) rural infrastructure including irrigation and electrification; 

(c) affordable housing and housing for the poor people ; 

(d) industrial area or industrial estate set up by the State Government and its undertaking ; 

(e) industrial corridor set up by the State Government and its undertaking (in which case the 
land shall  be  acquired  up  to  one  kilometre  on  both  sides  of  designated  railway  line  or  roads for 
such industrial corridor) ; and 

15 

 
(f)  infrastructure  projects  including  projects  under  public-private  partnership  where  the 

ownership of land continues to vest with the Government: 

Provided  that,  the  State  Government  shall,  before  issue  of  notification,  ensure  the  extent  of 
land  for  the  proposed  acquisition  keeping  in  view  the  bare  minimum  land  required  for  such 
project.] 

[Vide Maharashtra Act 37 of 2018, sec. 3 (w.e.f. 26-4-2018).] 

CHAPTER IV 

NOTIFICATION AND ACQUISITION 

11. Publication of preliminary notification and power of officers.–(1) Whenever, it appears to 
the  appropriate  Government  that  land  in  any  area is required  or  likely  to  be required  for any  public 
purpose,  a  notification  (hereinafter  referred  to  as  preliminary  notification)  to  that  effect  along  with 
details of the land to be acquired in rural and urban areas shall be published in the following manner, 
namely:— 

(a) in the Official Gazette; 

(b) in two daily newspapers circulating in the locality of such area of which one shall be in the 

regional language; 

(c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case 

may be and in the offices of the District Collector, the Sub-divisional Magistrate and the Tehsil; 

(d) uploaded on the website of the appropriate Government; 

(e) in the affected areas, in such manner as may be prescribed. 

(2) Immediately after issuance of the notification under sub-section (1), the concerned Gram Sabha 
or Sabhas at the village level, municipalities in case of municipal areas and the Autonomous Councils 
in  case  of  the  areas  referred  to  in  the  Sixth  Schedule  to  the  Constitution,  shall  be  informed  of  the 
contents  of  the  notification  issued  under  the  said  sub-section  in  all  cases  of  land  acquisition  at  a 
meeting called especially for this purpose. 

(3) The notification issued under sub-section (1) shall also contain a statement on the nature of the 
public purpose involved, reasons necessitating the displacement of affected persons, summary of the 
Social Impact Assessment Report and particulars of the Administrator appointed for the purposes of 
rehabilitation and resettlement under section 43. 

(4)  No  person  shall  make  any  transaction  or  cause  any  transaction  of  land  specified  in  the 
preliminary notification or create any encumbrances on such land from the date of publication of such 
notification till such time as the proceedings under this Chapter are completed: 

Provided  that  the  Collector  may,  on  the  application  made  by  the  owner  of  the  land  so  notified, 
exempt in special circumstances to be recorded in writing, such owner from the operation of this sub-
section: 

Provided further that any loss or injury suffered by any person due to his wilful violation of this 

provision shall not be made up by the Collector. 

(5)  After  issuance  of  notice  under  sub-section  (1),  the  Collector  shall,  before  the  issue  of  a 
declaration  under  section  19,  undertake  and  complete  the  exercise  of  updating  of  land  records  as 
prescribed within a period of two months. 

12. Preliminary survey of land and power of officers to carry out survey.–For the purposes of 
enabling the appropriate Government to determine the extent of land to be acquired, it shall be lawful 
for any officer, either generally or specially authorised by such Government in this behalf, and for his 
servants and workmen,— 

(a) to enter upon and survey and take levels of any land in such locality; 

(b) to dig or bore into the sub-soil; 

16 

 
(c) to do all other acts necessary to ascertain whether the land is adapted for such purpose; 

(d) to set out the boundaries of the land proposed to be taken and the intended line of the work 

(if any) proposed to be made thereon; and 

(e) to mark such levels, boundaries and line by placing marks and cutting trenches and where 
otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, 
to cut down and clear away any part of any standing crop, fence or jungle: 

Provided that no act under clauses (a) to (e) in respect of land shall be conducted in the absence of 

the owner of the land or in the absence of any person authorised in writing by the owner: 

Provided further that the acts specified under the first proviso may be undertaken in the absence of 
the owner, if the owner has been afforded a reasonable opportunity to be present during the survey, by 
giving a notice of at least sixty days prior to such survey: 

Provided also  that  no  person  shall  enter  into any  building  or  upon  any  enclosed  court  or  garden 
attached  to  a  dwelling-house  (unless  with  the  consent  of  the  occupier  thereof)  without  previously 
giving such occupier at least seven days’ notice in writing of his intention to do so. 

13.  Payment for  damage.–The  officer  so  authorised  under  section  12  shall  at the  time  of  entry 
under  section  12  pay  or  tender  payment  for  any  damage  caused,  and,  in  case  of  dispute  as  to  the 
sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the decision of the 
Collector or other chief revenue officer of the district, and such decision shall be final. 

14. Lapse of Social Impact Assessment report.–Where a preliminary notification under section 
11  is  not  issued  within  twelve  months  from  the  date  of  appraisal  of  the  Social  Impact  Assessment 
report submitted by the Expert Group under section 7, then, such report shall be deemed to have lapsed 
and  a  fresh  Social  Impact  Assessment  shall  be  required  to  be  undertaken  prior  to  acquisition 
proceedings under section 11: 

Provided  that  the  appropriate  Government,  shall  have  the  power  to  extend  the  period  of  twelve 

months, if in its opinion circumstances exist justifying the same: 

Provided further that any such decision to extend the period shall be recorded in writing and the 

same shall be notified and be uploaded on the website of the authority concerned. 

15. Hearing of objections.–(1) Any person interested in any land which has been notified under 
sub-section  (1)  of  section  11,  as  being  required  or  likely  to  be  required  for  a  public  purpose,  may 
within sixty days from the date of the publication of the preliminary notification, object to— 

(a) the area and suitability of land proposed to be acquired; 

(b) justification offered for public purpose; 

(c) the findings of the Social Impact Assessment report. 

(2)  Every  objection  under  sub-section  (1)  shall  be  made  to  the  Collector  in  writing,  and  the 
Collector shall give the objector an opportunity of being heard in person or by any person authorised 
by him in this behalf or by an Advocate and shall, after hearing all such objections and after making 
such further inquiry, if any, as he thinks necessary, either make a report in respect of the land which 
has been notified under sub-section (1) of section 11, or make different reports in respect of different 
parcels  of  such  land,  to  the  appropriate  Government,  containing  his  recommendations  on  the 
objections, together with the record of the proceedings held by him along with a separate report giving 
therein the approximate cost of land acquisition, particulars as to the number of affected families likely 
to be resettled, for the decision of that Government. 

(3) The decision of the appropriate Government on the objections made under sub-section (2) shall 

be final. 

16. Preparation of Rehabilitation and Resettlement Scheme by the Administrator.–(1) Upon 
the publication of the preliminary notification under sub-section (1) of section 11 by the Collector, the 
Administrator for Rehabilitation and Resettlement shall conduct a survey and undertake a census of the 
affected families, in such manner and within such time as may be prescribed, which shall include— 

17 

 
(a) particulars of lands and immovable properties being acquired of each affected family; 

(b)  livelihoods  lost  in  respect  of  land  losers  and  landless  whose  livelihoods  are  primarily 

dependent on the lands being acquired; 

(c)  a  list  of  public  utilities  and  Government  buildings  which  are  affected  or  likely  to  be 

affected, where resettlement of affected families is involved; 

(d)  details  of  the  amenities  and  infrastructural  facilities  which  are  affected  or  likely  to  be 

affected, where resettlement of affected families is involved; and 

(e) details of any common property resources being acquired. 

(2) The Administrator shall, based on the survey and census under sub-section (1), prepare a draft 
Rehabilitation  and  Resettlement  Scheme,  as  prescribed  which  shall  include  particulars  of  the 
rehabilitation  and  resettlement  entitlements  of  each  land  owner  and  landless  whose  livelihoods  are 
primarily  dependent  on  the  lands  being  acquired  and  where  resettlement  of  affected  families  is 
involved— 

(i) a list of Government buildings to be provided in the Resettlement Area; 

(ii) details of the public amenities and infrastructural facilities which are to be provided in the 

Resettlement Area. 

(3) The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall include 

time limit for implementing Rehabilitation and Resettlement Scheme. 

(4) The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall be made 
known locally by wide publicity in the affected area and discussed in the concerned Gram Sabhas or 
Municipalities. 

(5)  A  public  hearing  shall  be  conducted  in  such  manner  as  may  be  prescribed,  after  giving 

adequate publicity about the date, time and venue for the public hearing at the affected area: 

Provided  that  in  case  where  an  affected  area  involves  more  than  one  Gram  Panchayat  or 
Municipality, public hearings shall be conducted in every Gram Sabha and Municipality where more 
than twenty-five per cent. of land belonging to that Gram Sabha or Municipality is being acquired: 

Provided  further  that  the  consultation  with  the  Gram  Sabha  in  Scheduled  Areas  shall  be  in 
accordance with the provisions of the Provisions of the Panchayats (Extension to the Scheduled Areas) 
Act, 1996 (40 of 1996). 

(6)  The  Administrator  shall,  on  completion  of  public  hearing  submit  the  draft  Scheme  for 
Rehabilitation and Resettlement along with a specific report on the claims and objections raised in the 
public hearing to the Collector. 

17. Review of the Rehabilitation and Resettlement Scheme.–(1) The Collector shall review the 
draft  Scheme  submitted  under  sub-section  (6)  of  section  16  by  the  Administrator  with  the 
Rehabilitation and Resettlement Committee at the project level constituted under section 45. 

(2)  The  Collector  shall  submit  the  draft  Rehabilitation  and  Resettlement  Scheme  with  his 

suggestions to the Commissioner Rehabilitation and Resettlement for approval of the Scheme. 

18. Approved Rehabilitation and Resettlement Scheme to be made public.–The Commissioner 
shall  cause  the  approved  Rehabilitation  and  Resettlement  Scheme  to  be  made  available  in  the  local 
language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices 
of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the 
affected areas, in such manner as may be prescribed, and uploaded on the website of the appropriate 
Government. 

19.  Publication  of  declaration  and  summary  of  Rehabilitation  and  Resettlement.–(1)  When 
the  appropriate  Government  is  satisfied, after  considering  the  report, if any,  made  under sub-section 
(2) of section 15, that any particular land is needed for a public purpose, a declaration shall be made to 
that effect, along with a declaration of an area identified as the “resettlement area” for the purposes of 
rehabilitation and resettlement of the affected families, under the hand and seal of a Secretary to such 

18 

 
Government or of any other officer duly authorised to certify its orders and different declarations may 
be made from time to time in respect of different parcels of any land covered by the same preliminary 
notification  irrespective  of  whether  one  report  or  different reports  has  or have  been  made (wherever 
required). 

(2) The Collector shall publish a summary of the Rehabilitation and Resettlement Scheme along 

with declaration referred to in sub-section (1): 

Provided  that  no  declaration  under  this  sub-section  shall  be  made  unless  the  summary  of  the 

Rehabilitation and Resettlement Scheme is published along with such declaration: 

Provided  further  that  no  declaration  under  this  sub-section  shall  be  made  unless  the  Requiring 
Body deposits an amount, in full or part, as may be prescribed by the appropriate Government toward 
the cost of acquisition of the land: 

Provided  also  that  the  Requiring  Body  shall  deposit  the  amount  promptly  so  as  to  enable  the 
appropriate Government to publish the declaration within a period of twelve months from the date of 
the publication of preliminary notification under section 11. 

(3)  In  projects  where  land is acquired in  stages, the  application  for  acquisition  itself  can  specify 
different stages for the rehabilitation and resettlement, and all declarations shall be made according to 
the stages so specified. 

(4)  Every  declaration  referred  to  in  sub-section  (1)  shall  be  published  in  the  following  manner, 

namely:— 

(a) in the Official Gazette; 

(b) in two daily newspapers being circulated in the locality, of such area of which one shall be 

in the regional language; 

(c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case 

may be, and in the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil; 

(d) uploaded on the website of the appropriate Government; 

(e) in the affected areas, in such manner as may be prescribed. 

(5) Every declaration referred to in sub-section (1) shall indicate,— 

(a) the district or other territorial division in which the land is situated; 

(b) the purpose for which it is needed, its approximate area; and 

(c) where a plan shall have been made for the land, the place at which such plan may be 

inspected without any cost. 

(6)  The  declaration  referred  to  in  sub-section  (1)  shall  be  conclusive  evidence  that  the  land  is 
required  for  a  public  purpose  and,  after  making  such  declaration,  the  appropriate  Government  may 
acquire the land in such manner as specified under this Act. 

(7)  Where  no  declaration  is  made  under  sub-section  (1)  within  twelve  months  from  the  date  of 

preliminary notification, then such notification shall be deemed to have been rescinded: 

Provided that in computing the period referred to in this sub-section, any period or periods during 
which the proceedings for the acquisition of the land were held up on account of any stay or injunction 
by the order of any Court shall be excluded: 

Provided  further  that  the  appropriate  Government  shall  have  the  power  to  extend  the  period  of 

twelve months, if in its opinion circumstances exist justifying the same: 

Provided also that any such decision to extend the period shall be recorded in writing and the same 

shall be notified and be uploaded on the website of the authority concerned. 

19 

 
20. Land to be marked out, measured and planned including marking of specific areas.–The 
Collector shall thereupon cause the land, unless it has been already marked out under section 12, to be 
marked out and measured, and if no plan has been made thereof, a plan to be made of the same. 

21. Notice to persons interested.–(1) The Collector shall publish the public notice on his website 
and cause public notice to be given at convenient places on or near the land to be taken, stating that the 
Government intends to take possession of the land, and that claims to compensations and rehabilitation 
and resettlement for all interests in such land may be made to him. 

(2) The public notice referred to in sub-section (1) shall state the particulars of the land so needed, 
and require all persons interested in the land to appear personally or by agent or advocate before the 
Collector  at a  time  and  place  mentioned in  the  public  notice  not  being  less  than  thirty  days  and  not 
more  than  six  months  after  the  date  of  publication  of  the  notice,  and  to  state  the  nature  of  their 
respective interests in the land and the amount and particulars of their claims to compensation for such 
interests,  their  claims  to  rehabilitation  and  resettlement  along  with  their  objections,  if  any,  to  the 
measurements made under section 20. 

(3) The Collector may in any case require such statement referred to in sub-section (2) to be made 

in writing and signed by the party or his agent. 

(4) The Collector shall also serve notice to the same effect on the occupier, if any, of such land and 
on  all  such  persons  known  or  believed  to  be  interested  therein,  be  entitled  to  act  for  persons  so 
interested,  as  reside  or  have  agents  authorised  to  receive  service  on  their  behalf,  within  the  revenue 
district in which the land is situated. 

(5) In case any person so interested resides elsewhere, and has no such agent, the Collector shall 
ensure  that  the  notice  shall  be  sent  to  him  by  post  in  letter  addressed  to  him  at  his  last  known 
residence,  address  of  place  or  business  and  also  publish  the  same  in  at  least  two  national  daily 
newspapers and also on his website. 

22. Power to require and enforce the making of statements as to names and interests.–(1) The 
Collector may also require any such person to make or deliver to him, at a time and place mentioned 
(such time not being less than thirty days after the date of the requisition), a statement containing, so 
far as may be practicable, the name of every other person possessing any interest in the land or any 
part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such 
interest, and of the rents and profits, if any, received or receivable on account thereof for three years 
next preceding the date of the statement. 

(2) Every person required to make or deliver a statement under this section shall be deemed to be 
legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code (45 of 
1860). 

23. Enquiry and land acquisition award by Collector.–On the day so fixed, or on any other day 
to  which  the  enquiry  has  been  adjourned,  the  Collector  shall  proceed  to  enquire  into  the  objections           
(if  any)  which  any  person  interested  has  stated  pursuant  to  a  notice  given  under  section  21,  to  the 
measurements made under section 20, and into the value of the land at the date of the publication of 
the  notification,  and  into  the  respective  interests  of  the  persons  claiming  the  compensation  and 
rehabilitation and resettlement, shall make an award under his hand of— 

(a) the true area of the land; 

(b)  the  compensation  as  determined  under  section  27  along  with  Rehabilitation  and 
Resettlement Award as determined under section 31 and which in his opinion should be  allowed 
for the land; and 

(c) the apportionment of the said compensation among all the persons known or believed to be 
interested in the land, or whom, or of whose claims, he has information, whether or not they have 
respectively appeared before him. 

20 

 
Andhra Pradesh 

STATE AMENDMENTS 

In the Principal Act, after section 23, the following section shall be inserted, namely:- 

“23A. Award of Col lector without enquiry in case of agreement of interested persons.—(1) 
Notwithstanding anything contained in section 23, if at any stage of the proceedings, the Collector is 
satisfied that all the persons interested in the land who appeared before him have agreed in writing on 
the  matters  to  be  included  in  the  award  of  the  Collector  in  the  form  prescribed,  he  may,  without 
making further enquiry, make an award according to the terms of such agreement. 

(2)  The  determination  of  compensation  for  any  land  under  sub-section  (1)  shall  not  in  any  way 
affect the determination of compensation in respect of other lands in the same locality or elsewhere in 
accordance with the other provisions of this Act. 

(3)  Notwithstanding  anything  contained  in  the  Registration  Act,  1908  (Act  16  of  1908),  no 

agreement made under sub-section (1) shall be liable to registration under that Act.” 

[Vide Andhra Pradesh Act 22 of 2018, sec. 4 (w.e.f. 1-1-2014).] 

Maharashtra 

After section 23 of the principal Act, the following section shall be inserted, namely:- 

“23A.  Award  of  Collector  without  enquiry  in  case  of  agreement  of  interested  persons.–(1) 
Notwithstanding anything contained in section 23, if at any stage of the proceedings, the Collector is 
satisfied that all the persons interested in the land who appeared before him have agreed in writing on 
the matters to be included in the award of the Collector in the form prescribed by rules made by the 
State Government, he may, without making further enquiry, make an award according to the terms of 
such agreement. 

(2)  The  determination  of  compensation  for  any  land  under  sub-section  (1)  shall  not  in  any  way 
affect the determination of compensation in respect of other lands in the same locality or elsewhere in 
accordance with the other provisions of this Act. 

(3) Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908), no agreement 

made under sub-section (1) shall be liable to registration under that Act.” 

[Vide Maharashtra Act 37 of 2018, sec. 4 (w.e.f. 26-4-2014).] 

24.  Land  acquisition  process  under  Act  No.  1  of  1894  shall  be  deemed  to  have  lapsed  in 
certain  cases.–(1)  Notwithstanding  anything  contained  in  this  Act,  in  any  case  of  land  acquisition 
proceedings initiated under the Land Acquisition Act, 1894,— 

(a) where no award under section 11 of the said Land Acquisition Act has been made, then, all 

provisions of this Act relating to the determination of compensation shall apply; or 

(b) where an award under said section 11 has been made, then such proceedings shall continue 

under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed. 

(2) Notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings 
initiated under the Land Acquisition Act, 1894 (1 of 1894),where an award under the said section 11 
has been made five years or more prior to the commencement of this Act but the physical possession 
of  the  land  has  not  been  taken  or  the  compensation  has  not  been  paid  the  said  proceedings  shall  be 
deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings 
of such land acquisition afresh in accordance with the provisions of this Act: 

21 

 
 
Provided  that  where  an  award  has  been  made  and  compensation  in  respect  of  a  majority  of  land 
holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in 
the  notification  for acquisition  under  section  4 of  the  said  Land  Acquisition  Act, shall  be  entitled to 
compensation in accordance with the provisions of this Act. 

STATE AMENDMENTS 

Andhra Pradesh 

In the Principal Act, in section 24, in sub-section (2), – 

“(1)  in  the  existing  proviso,  for  the  expression  “where  an  award  has  been  made”  the  expression 
“where the said award has been made 5 years or more prior to the commencement of this Act” shall be 
substituted; 

(2) after the existing proviso, the following proviso shall be added, namely:- 

Provided further that in computing the period referred to in this sub-section, any period or periods 
during which the proceedings for acquisition of the land were held up on account of any order, stay, 
suspension  or  injunction  issued  by  any  Court  or  the  period  specified  in  the  award  of  a Tribunal  for 
taking  possession  or  such  period  where  possession  has  been  taken  but  the  compensation  is  lying 
deposited in a Court or in any designated account maintained for this purpose, shall be excluded.” 

[Vide Andhra Pradesh Act 22 of 2018, sec. 5 (w.e.f. 1-1-2014).] 

Maharashtra 

In section 24 of the principal Act, in sub-section (2), after the proviso, the following proviso shall 

be added, namely:- 

“Provided  further  that,  in  computing  the  period  referred  to  in  this  sub-section,  any  period  or 
periods during which the proceedings for acquisition of the land were held up on account of any stay 
or  injunction  issued  by  any  court  or  the  period  specified  in  the  award  of  a  Tribunal  for  taking 
possession or such period where possession has been taken but the compensation is lying deposited in 
a court or in any designated account maintained for this purpose on account of refusal or not coming 
forward for receiving compensation despite receipt of such notice under sub-section (2) of section 12 
of  the  Land  Acquisition  Act,  1894  (I  of  1894),  shall  be  excluded.  Also  if  the  said  land  is  mutated 
within three years after passing the award in the name of acquiring body, it shall be deemed that the 
possession of the land has been taken.” 

[Vide Maharashtra Act 37 of 2018, sec. 5 (26-4-2018).] 

Haryana 

In section 24 of the principal Act,- 

(i) after sub-section (1), the following Explanation shall be inserted, namely:- 

Explanation.-For  the  purpose  of  this  sub-section,  a  land  acquisition  proceeding  shall  be 
deemed to have been initiated under the Land Acquisition Act, 1894 (Central Act 1 of 1894) 
where  notification  under  section  4  of  the  said  Act  has  been  published  in  any  form  under      
sub-section (1) of the said section. 

(ii) in sub-section (2),- 

(a) the word “physical” shall be omitted; 

22 

 
 
(b) for the word “or” occurring after the words “possession of the land has not been taken”, the 

word “and” shall be substituted; 

(c) in the proviso, for the sign “.”existing at the end, the sign “:” shall be substituted; and 

(d) after the existing proviso, the following proviso shall be added at the end, namely:- 

Provided further that in computing the period referred to in this sub-section, any period during 
which the proceedings for acquisition of the land were held up on account of any stay or injunction 
issued by order of any court, shall be excluded: 

Provided further that the entry in rapat roznamcha regarding taking or handing over possession 
recorded by the Land Acquisition Officer or Revenue Official shall be treated as possession taken 
for all intents and purposes. 

[Vide Haryana Act 21 of 2018, sec. 2 (9-5-2018).] 

25. Period within which an award shall be made.–The Collector shall make an award within a 
period  of  twelve  months  from  the  date  of  publication  of  the  declaration  under  section  19  and  if  no 
award is made within that period, the entire proceedings for the acquisition of the land shall lapse: 

Provided  that  the  appropriate  Government  shall  have  the  power  to  extend  the  period  of  twelve 

months if in its opinion, circumstances exist justifying the same: 

Provided further that any such decision to extend the period shall be recorded in writing and the 

same shall be notified and be uploaded on the website of the authority concerned. 

26.  Determination  of  market  value  of  land  by  Collector.–(1)  The  Collector  shall  adopt  the 

following criteria in assessing and determining the market value of the land, namely:— 

(a)  the  market  value,  if  any,  specified  in  the  Indian  Stamp  Act,  1899  (2  of  1899)  for  the 
registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is 
situated; or 

(b)  the  average  sale  price  for  similar  type  of  land  situated  in  the  nearest  village  or  nearest 

vicinity area; or 

(c)  consented  amount  of  compensation  as  agreed  upon  under  sub-section  (2)  of  section  2  in 

case of acquisition of lands for private companies or for public private partnership projects, 

whichever is higher: 

Provided  that  the  date  for  determination  of  market  value  shall  be  the  date  on  which  the 

notification has been issued under section 11. 

Explanation 1.—The average sale price referred to in clause (b) shall be determined taking into 
account the sale deeds or the agreements to sell registered for similar type of area in the near village or 
near vicinity area during immediately preceding three years of the year in which such acquisition of 
land is proposed to be made. 

Explanation 2.—For determining the average sale price referred to in Explanation 1, one-half of 
the  total  number  of  sale  deeds  or  the  agreements  to  sell  in  which  the  highest  sale  price  has  been 
mentioned shall be taken into account. 

Explanation  3.—While  determining  the  market  value  under  this  section  and  the  average  sale 
price referred to in Explanation 1 or Explanation 2, any price paid as compensation for land acquired 
under  the  provisions  of  this  Act  on  an  earlier  occasion  in  the  district  shall  not  be  taken  into 
consideration. 

23 

 
Explanation  4.—While  determining  the  market  value  under  this  section  and  the  average  sale 
price  referred  to  in  Explanation  1  or  Explanation  2,  any  price  paid,  which  in  the  opinion  of  the 
Collector  is  not  indicative  of  actual  prevailing  market  value  may  be  discounted  for  the  purposes  of 
calculating market value. 

(2)  The  market  value  calculated  as  per  sub-section  (1)  shall  be  multiplied  by  a  factor  to  be 

specified in the First Schedule. 

(3) Where the market value under sub-section (1) or sub-section (2) cannot be determined for the 

reason that— 

(a) the land is situated in such area where the transactions in land are restricted by or under 

any other law for the time being in force in that area; or 

(b)  the  registered  sale  deeds  or  agreements  to  sell  as  mentioned  in  clause  (a)  of                      

sub-section (1) for similar land are not available for the immediately preceding three years; or 

(c) the market value has not been specified under the Indian Stamp Act, 1899 (2 of 1899) 

by the appropriate authority, 

the  State  Government  concerned  shall  specify  the  floor  price  or  minimum  price  per  unit  area  of  the 
said land based on the price calculated in the manner specified in sub-section (1) in respect of similar 
types of land situated in the immediate adjoining areas: 

Provided  that  in  a  case  where  the  Requiring  Body  offers  its  shares  to  the  owners  of  the  lands 
(whose  lands  have  been  acquired)  as  a part compensation,  for acquisition of land,  such  shares in no 
case shall exceed twenty-five per cent, of the value so calculated under sub-section (1) or sub-section 
(2) or sub-section (3) as the case may be: 

Provided further that the Requiring Body shall in no case compel any owner of the land (whose 
land  has  been  acquired)  to  take  its  shares,  the  value  of  which  is  deductible  in  the  value  of  the  land 
calculated under sub-section (1): 

Provided also that the Collector shall, before initiation of any land acquisition proceedings in any 
area,  take  all  necessary  steps  to  revise  and  update  the  market  value  of  the  land  on  the  basis  of  the 
prevalent market rate in that area: 

Provided also that the appropriate Government shall ensure that the market value determined for 
acquisition  of  any  land  or  property  of  an  educational  institution  established  and  administered  by  a 
religious or linguistic minority shall be such as would not restrict or abrogate the right to establish and 
administer educational institutions of their choice. 

27.  Determination  of  amount  of  compensation.–The  Collector  having  determined  the  market 
value of the land to be acquired shall calculate the total amount of compensation to be paid to the land 
owner (whose land has been acquired) by including all assets attached to the land. 

28. Parameters to be considered by Collector in determination of award.–In determining the 
amount of compensation to be awarded for land acquired under this Act, the Collector shall take into 
consideration— 

firstly, the market value as determined under section 26 and the award amount in accordance 

with the First and Second Schedules; 

24 

 
 
secondly,  the  damage  sustained  by  the  person  interested,  by  reason  of  the  taking  of  any 
standing crops and trees which may be on the land at the time of the Collector's taking possession 
thereof; 

thirdly, the damage (if any) sustained by the person interested, at the time of the Collector's 

taking possession of the land, by reason of severing such land from his other land; 

fourthly, the damage (if any) sustained by the person interested, at the time of the Collector's 
taking possession of the land, by reason of the acquisition injuriously affecting his other property, 
movable or immovable, in any other manner, or his earnings; 

fifthly, in consequence of the acquisition of the land by the Collector, the person interested is 
compelled to change his residence or place of business, the reasonable expenses (if any) incidental 
to such change; 

sixthly,  the  damage  (if  any)  bona  fide  resulting  from  diminution  of  the  profits  of  the  land 
between  the  time  of  the  publication  of  the  declaration  under  section  19  and  the  time  of  the 
Collector's taking possession of the land; and 

seventhly, any other ground which may be in the interest of equity, justice and beneficial to the 

affected families. 

29.  Determination  of  value  of  things  attached  to  land  or  building.–(1)  The  Collector  in 
determining the market value of the building and other immovable property or assets attached to the 
land  or  building  which  are  to  be  acquired,  use  the  services  of  a  competent  engineer  or  any  other 
specialist in the relevant field, as may be considered necessary by him. 

(2) The Collector for the purpose of determining the value of trees and plants attached to the land 
acquired,  use  the  services  of  experienced  persons  in  the  field  of  agriculture,  forestry,  horticulture, 
sericulture, or any other field, as may be considered necessary by him. 

(3) The Collector for the purpose of assessing the value of the standing crops damaged during the 
process of land acquisition, may use the services of experienced persons in the field of agriculture as 
may be considered necessary by him. 

30. Award of solatium.–(1) The Collector having determined the total compensation to be paid, 
shall, to arrive at the final award, impose a “Solatium” amount equivalent to one hundred per cent. of 
the compensation amount. 

Explanation.—For  the  removal  of  doubts  it  is  hereby  declared  that  solatium  amount  shall  be  in 

addition to the compensation payable to any person whose land has been acquired. 

(2) The Collector shall issue individual awards detailing the particulars of compensation payable 

and the details of payment of the compensation as specified in the First Schedule. 

(3) In addition to the market value of the land provided under section 26, the Collector shall, in 
every case, award an amount calculated at the rate of twelve per cent. per annum on such market value 
for  the  period  commencing  on  and  from  the  date  of  the  publication  of the  notification  of  the  Social 
Impact Assessment study under sub-section (2)of section 4, in respect of such land, till the date of the 
award of the Collector or the date of taking possession of the land, whichever is earlier. 

Andhra Pradesh 

STATE AMENDMENTS 

In the Principal Act, after Chapter-IV, the following new Chapter IV A shall be inserted, namely:- 

25 

 
 
CHAPTER IV A 

Voluntary acquisition of land 

30A.  Acquisition  of  land  by  the  State  Government  by  entering  into  agreement.:--(1) 
Notwithstanding anything contained in the Principal Act, or any other law, whenever it appears to the 
State Government that the land is needed in any area for any public purpose, the State Government or 
its  Authorized  Officer  will  enter  into  an  agreement  with  the  willing  land  owner  to  sell  the  land  in 
favour of the State for the matters specified therein in a prescribed form. 

(2) The State Government or its Authorized Officer shall pass an order in terms of agreement under 
sub-section (1) for acquisition, and the substance of the order shall be notified in the Gazette. On such 
publication  of  notification,  the  title,  ownership  and  all  interests  of  the  land  owner  who  enters  into 
agreements, shall vest with the State, free from all encumbrances. 

(3)  Notwithstanding  anything  contained  in  the  Registration  Act,  1908  (Act  l6  of  1908),  no 

agreement entered under sub-section (1) shall be liable to registration under that Act. 

(4)  If  any  family,  other  than  the  family  of  the  land  owner  who  entered  into  an  agreement,  is 
affected  by  the  acquisition  of  land  under  this  section,  the  State  Government  shall  pay  a  lumpsum 
amount towards rehabilitation and resettlement, if any, as prescribed in the rules framed hereunder: 

Provided that no agreement or the lumpsum amount towards rehabilitation and resettlement as may 

be prescribed, shall be abnormally at variance to the disadvantage of the land owners.] 

[Vide Andhra Pradesh Act 22 of 2018, sec. 6 (w.e.f. 1-1-2014).] 

CHAPTER V 

REHABILITATION AND RESETTLEMENT AWARD 

31.  Rehabilitation  and  Resettlement  Award  for  affected  families  by  Collector.–(1)  The 
Collector shall pass Rehabilitation and Resettlement Awards for each affected family in terms of the 
entitlements provided in the Second Schedule. 

(2) The Rehabilitation and Resettlement Award shall include all of the following, namely:— 

(a) rehabilitation and resettlement amount payable to the family; 

(b)  bank  account  number  of  the  person  to  which  the  rehabilitation  and  resettlement  award 

amount is to be transferred; 

(c) particulars of house site and house to be allotted, in case of displaced families; 

(d) particulars of land allotted to the displaced families; 

(e)  particulars  of  one  time  subsistence  allowance  and  transportation  allowance  in  case  of 

displaced families; 

(f) particulars of payment for cattle shed and petty shops; 

(g) particulars of one-time amount to artisans and small traders; 

(h)d etails of mandatory employment to be provided to the members of the affected families; 

(i) particulars of any fishing rights that may be involved; 

(j) particulars of annuity and other entitlements to be provided; 

(k) particulars of special provisions for the Scheduled Castes and the Scheduled Tribes to be 

provided: 

26 

 
 
 
 
 
 
 
 
 
Provided that in case any of the matters specified under clauses (a) to (k) are not applicable to any 

affected family the same shall be indicated as “not applicable”: 

Provided  further  that  the  appropriate  Government  may,  by  notification  increase  the  rate  of 
rehabilitation and resettlement amount payable to the affected families, taking into account the rise in 
the price index. 

Andhra Pradesh 

STATE AMENDMENTS 

In the Principal Act, after section 31, the following section shall be inserted, namely:- 

“31A.  Payment  of  Lump  sum  amount  by  State  Government:–Notwithstanding  anything 
contained in this Act, whenever the land is to be acquired for any projects as notified in section 10A, it 
shall be competent for the state Government to pay such lumpsum about as may be prescribed in the 
rules in lieu of Rehabilitation.”  

Provided that the payment of such lumpsum amount in lieu of Rehabilitation and Resettlement as 

may be prescribed, shall not be abnormally at variance to the disadvantage of the affected families.” 

[Vide Andhra Pradesh Act 22 of 2018, sec. 7 (w.e.f. 1-1-2014).] 

Maharashtra 

After section 31 of the principal Act, the following section shall be inserted, namely:- 

“31A.  Payment  of  lump  sum  amount  by  State  Government  for  its  linear  nature  projects.–
Notwithstanding anything contained in this Act, it shall be competent for the State Government to pay, 
whenever  the  land  is  to  be  acquired  for  its  own  use  amounting  to  less  than  one  hundred  acres  or 
whenever  the  land  is  to  be  acquired  in  case  of  projects  which  are  linear  in  nature  as  referred  to  the 
proviso  to  sub-section  (4)  of  section  10,  as  Rehabilitation  and  Resettlement  cost,  such  lump  sum 
amount equal to fifty per cent. of the amount of compensation as determined under section 27 to the 
affected families.” 

[Vide Maharashtra Act 37 of 2018, sec. 6 (26-4-2018).] 

32.  Provision  of  infrastructural  amenities  in  resettlement  area.–In  every  resettlement  area  as 
defined under this Act, the Collector shall ensure the provision of all infrastructural facilities and basic 
minimum amenities specified in the Third Schedule. 

33. Corrections to awards by Collector.–(1) The Collector may at any time, but not later than six 
months from the date of award or where he has been required under the provisions of this Act to make 
a reference to the Authority under section 64, before the making of such reference, by order, correct 
any clerical or arithmetical mistakes in either of the awards or errors arising therein either on his own 
motion or on the application of any person interested or local authority: 

Provided that no correction which is likely to affect prejudicially any person shall be made unless 

such person has been given a reasonable opportunity of making representation in the matter. 

(2) The Collector shall give immediate notice of any correction made in the award so corrected to 

all the persons interested. 

(3)  Where  any  excess  amount  is  proved  to  have  been  paid  to  any  person  as  a  result  of  the 
correction made under sub-section (1), the excess amount so paid shall be liable to be refunded and in 
the case of any default or refusal to pay, the same may be recovered, as prescribed by the appropriate 
Government. 

Andhra Pradesh 

STATE AMENDMENTS 

In the principal Act, after section 33, the following new section 33 A shall be inserted, namely:- 

27 

 
 
 
 
 
 
“33A.  Recovery  of  the  amount  wrongfully  paid.–Notwithstanding  anything  contained  in  any 
other law, the authority in a reference under section 64 or the High Court in appeal under section 74, or 
any  other  authority  in  any  legal  proceedings  find  that  the  money  has  been  wrongfully  paid  to  any 
person  under  this  Act,  the  State  Government  or  its  authorized  person  or  Collector  shall  recover  the 
same as arrears of land revenue.” 

[Vide Andhra Pradesh Act 22 of 2018, sec. 8 (w.e.f. 1-1-2014).] 

34. Adjournment of enquiry.–The Collector may, for any cause he thinks fit, from time to time 

adjourn the enquiry to a day to be fixed by him. 

35. Power to summon and enforce attendance of witnesses and production of documents.–For 
the purpose of enquiries under this Act, the Collector shall have powers to summon and enforce the 
attendance of witnesses, including the parties interested of any of them, and to compel the production 
of documents by the same means, and (so far as may be) in the same manner as is provided in the case 
of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908). 

36.  Power  to  call  for  records,  etc.–The  appropriate  Government  may  at  any  time  before  the 
award is made by the Collector under section 30 call for any record of any proceedings (whether by 
way of inquiry or otherwise) for the purpose of satisfying itself as to the legality or propriety of any 
findings or order passed or as to the regularity of such proceedings and may pass such order or issue 
such direction in relation thereto as it may think fit: 

Provided that the appropriate Government shall not pass or issue any order or direction prejudicial 

to any person without affording such person a reasonable opportunity of being heard. 

37. Awards of Collector when to be final.–(1) The Awards shall be filed in the Collector’s office 
and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector 
and the persons interested, whether they have respectively appeared before the Collector or not, of the 
true area and market value of the land and the assets attached thereto, solatium so determined and the 
apportionment of the compensation among the persons interested. 

(2) The Collector shall give immediate notice of his awards to such of the persons interested who 

are not present personally or through their representatives when the awards are made. 

(3) The Collector shall keep open to the public and display a summary of the entire proceedings 
undertaken  in  a  case  of  acquisition  of  land  including  the  amount  of  compensation  awarded  to  each 
individual along with details of the land finally acquired under this Act on the website created for this 
purpose. 

38. Power to take possession of land to be acquired.–(1) The Collector shall take possession of 
land  after  ensuring  that  full  payment  of  compensation  as  well  as  rehabilitation  and  resettlement 
entitlements  are  paid  or  tendered  to  the  entitled  persons  within  a  period  of  three  months  for  the 
compensation  and  a  period  of  six  months  for  the  monetary  part  of  rehabilitation  and  resettlement 
entitlements  listed  in  the  Second  Schedule  commencing  from  the  date  of  the  award  made  under      
section 30: 

Provided that the components of the Rehabilitation and Resettlement Package in the Second and 
Third Schedules that relate to infrastructural entitlements shall be provided within a period of eighteen 
months from the date of the award: 

Provided further that in case of acquisition of land for irrigation or hydel project, being a public 
purpose, the rehabilitation and resettlement shall be completed six months prior to submergence of the 
lands acquired. 

(2) The Collector shall be responsible for ensuring that the rehabilitation and resettlement process 

is completed in all its aspects before displacing the affected families. 

39. Additional compensation in case of multiple displacements.–The Collector shall, as far as 
possible, not displace any family which has already been displaced by the appropriate Government for 
the purpose of acquisition under the provisions of this Act, and if so displaced, shall pay an additional 

28 

 
compensation  equivalent  to  that  of  the  compensation  determined  under  this  Act  for  the  second  or 
successive displacements. 

40. Special powers in case of urgency to acquire land in certain cases.–(1) In cases of urgency, 
whenever the appropriate Government so directs, the Collector, though no such award has been made, 
may, on the expiration of thirty days from the publication of the notice mentioned in section 21, take 
possession of any land needed for a public purpose and such land shall thereupon vest absolutely in the 
Government, free from all encumbrances. 

(2)  The  powers  of  the  appropriate  Government  under  sub-section  (1)  shall  be  restricted  to  the 
minimum area required for the defence of India or national security or for any emergencies arising out 
of natural calamities or any other emergency with the approval of Parliament: 

Provided  that  the  Collector  shall  not take  possession of any  building  or  part  of a  building  under 
this sub-section without giving to the occupier thereof at least forty-eight hours notice of his intention 
to do so, or such longer notice as may be reasonably sufficient to enable such occupier to remove his 
movable property from such building without unnecessary inconvenience. 

(3)  Before  taking  possession  of  any  land  under  sub-section  (1)  or  sub-section  (2),  the  Collector 
shall tender payment of eighty per cent. of the compensation for such land as estimated by him to the 
person interested entitled thereto. 

(4) In the case of any land to which, in the opinion of the appropriate Government, the provisions 
of sub-section (1), sub-section (2) or sub-section (3) are applicable, the appropriate Government may 
direct that any or all of the provisions of Chapter II to Chapter VI shall not  apply, and, if it does so 
direct, a declaration may be made under section 19 in respect of the land at any time after the date of 
the publication of the preliminary notification under sub-section (1) of section 11. 

(5) An additional compensation of seventy-five per cent. of the total compensation as determined 
under section 27, shall be paid by the Collector in respect of land and property for acquisition of which 
proceedings have been initiated under sub-section (1) of this section: 

Provided that no additional compensation will be required to be paid in case the project is one that 
affects  the  sovereignty  and  integrity  of  India,  the  security  and  strategic  interests  of  the  State  or 
relations with foreign States. 

Maharashtra 

STATE AMENDMENTS 

“In section 40 of the principal Act, in sub-section (2), after the words “approval of Parliament”, the 
words “or to comply with the directions given by the Central Government to the State Government” 
shall be added.” 

[Vide Maharashtra Act 37 of 2018, sec. 7 (w.e.f. 26.4.2018).] 

41. Special provisions for Scheduled Castes and Scheduled Tribes.–(1) As far as possible, no 

acquisition of land shall be made in the Scheduled Areas. 

(2) Where such acquisition does take place it shall be done only as a demonstrable last resort. 

(3) In case of acquisition or alienation of any land in the Scheduled Areas, the prior consent of the 
concerned Gram Sabha or the Panchayats or the autonomous District Councils, at the appropriate level 
in Scheduled Areas under the Fifth Schedule to the Constitution, as the case may be, shall be obtained, 
in all cases of land acquisition in such areas, including acquisition in case of urgency, before issue of a 
notification under this Act, or any other Central Act or a State Act for the time being in force: 

Provided  that  the  consent  of  the  Panchayats  or  the  Autonomous  Districts  Councils  shall  be 

obtained in cases where the Gram Sabha does not exist or has not been constituted. 

(4) In case of a project involving land acquisition on behalf of a Requiring Body which involves 
involuntary  displacement  of  the  Scheduled  Castes  or  the  Scheduled  Tribes  families,  a  Development 
Plan shall be prepared, in such form as may be prescribed, laying down the details of procedure for 
settling  land  rights  due,  but  not  settled  and  restoring  titles  of  the  Scheduled  Tribes  as  well  as  the 

29 

 
Scheduled Castes on the alienated land by undertaking a special drive together with land acquisition. 

(5)  The  Development  Plan  shall  also  contain  a  programme  for  development  of  alternate  fuel, 
fodder  and  non-timber  forest  produce  resources  on  non-forest  lands  within  a  period  of  five  years, 
sufficient to meet the requirements of tribal communities as well as the Scheduled Castes. 

(6) In case of land being acquired from members of the Scheduled Castes or the Scheduled Tribes, 
at least one-third of the compensation amount due shall be paid to the affected families initially as first 
instalment and the rest shall be paid after taking over of the possession of the land. 

(7)  The  affected  families  of  the  Scheduled  Tribes  shall  be  resettled  preferably  in  the  same 

Scheduled Area in a compact block so that they can retain their ethnic, linguistic and cultural identity. 

(8)  The  resettlement  areas  predominantly  inhabited  by  the  Scheduled  Castes  and  the  Scheduled 
Tribes shall get land, to such extent as may be decided by the appropriate Government free of cost for 
community and social gatherings. 

(9)  Any  alienation  of  tribal  lands  or  lands  belonging  to  members  of  the  Scheduled  Castes  in 
disregard of the laws and regulations for the time being in force shall be treated as null and void, and 
in  the  case  of  acquisition  of  such  lands,  the  rehabilitation  and  resettlement  benefits  shall  be  made 
available to the original tribal land owners or land owners belonging to the Scheduled Castes. 

(10)  The  affected  Scheduled  Tribes,  other  traditional  forest  dwellers  and  the  Scheduled  Castes 
having fishing rights in a river or pond or dam in the affected area shall be given fishing rights in the 
reservoir area of the irrigation or hydel projects. 

(11) Where the affected families belonging to the Scheduled Castes and the Scheduled Tribes are 
relocated  outside  of  the  district,  then,  they  shall  be  paid  an  additional  twenty-five  per  cent. 
rehabilitation and resettlement benefits to which they are entitled in monetary terms along with a one-
time entitlement of fifty thousand rupees. 

42. Reservation and other benefits.–(1) All benefits, including the reservation benefits available 
to  the  Scheduled  Tribes  and  the  Scheduled  Castes  in  the  affected  areas  shall  continue  in  the 
resettlement area. 

(2)  Whenever  the  affected  families  belonging  to  the  Scheduled  Tribes  who  are  residing  in  the 
Scheduled Areas referred to in the Fifth Schedule or the tribal areas referred to in the Sixth Schedule to 
the Constitution are relocated outside those areas, than, all the statutory safeguards, entitlements and 
benefits being enjoyed by them under this Act shall be extended to the area to which they are resettled 
regardless of whether the resettlment area is a Scheduled Area referred to in the said Fifth Schedule, or 
a tribal area referred to in the said Sixth Schedule, or not. 

(3) Where the community rights have been settled under the provisions of the Scheduled Tribes and 
Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007), the same shall 
be quantified in monetary amount and be paid to the individual concerned who has been displaced due 
to the acquisition of land in proportion with his share in such community rights. 

CHAPTER VI 

PROCEDURE AND MANNER OF REHABILITATION AND RESETTLEMENT 

43. Appointment of Administrator.–(1) Where the appropriate Government is satisfied that there 
is  likely  to  be  involuntary  displacement  of  persons  due  to  acquisition  of  land,  then,  the  State 
Government shall, by notification, appoint in respect of that project, an officer not below the rank of 
Joint  Collector  or  Additional  Collector  or  Deputy  Collector  or  equivalent  official  of  Revenue 
Department to be the Administrator for Rehabilitation and Resettlement. 

(2)  The  Administrator  shall,  with  a  view  to  enable  him  to  function  efficiently  and  to  meet  the 
special time-frame, be provided with such powers, duties and responsibilities as may be prescribed by 
the appropriate Government and provided with office infrastructure and be assisted by such officers 
and employees who shall be subordinate to him as the appropriate Government may decide. 

(3) Subject to the superintendence, directions and control of the appropriate Government and the 

30 

 
Commissioner for Rehabilitation and Resettlement, the formulation, execution and monitoring of the 
Rehabilitation and Resettlement Scheme shall vest in the Administrator. 

44. Commissioner for rehabilitation and resettlement.–(1) The State Government shall appoint 
an  officer  of  the  rank  of  Commissioner  or  Secretary  of  that  Government  for  rehabilitation  and 
resettlement of affected families under this Act, to be called the Commissioner for Rehabilitation and 
Resettlement. 

(2)  The  Commissioner  shall  be  responsible  for  supervising  the  formulation  of  rehabilitation  and 

resettlement schemes or plans and proper implementation of such schemes or plans. 

(3) The Commissioner shall be responsible for the post-implementation social audit in consultation 

with the Gram Sabha in rural areas and municipality in urban areas. 

45. Rehabilitation and resettlement committee at project level.–(1) Where land proposed to be 
acquired  is  equal  to  or  more  than  one  hundred  acres,  the  appropriate  Government  shall  constitute  a 
Committee under the chairmanship of the Collector to be called the Rehabilitation and Resettlement 
Committee,  to  monitor  and  review  the  progress  of  implementation  of  the  Rehabilitation  and 
Resettlement scheme and to carry out post-implementation social audits in consultation with the Gram 
Sabha in rural areas and municipality in urban areas. 

(2)  The  Rehabilitation  and  Resettlement  Committee  shall  include,  apart  from  officers  of  the 

appropriate Government, the following members, namely:— 

(a) a representative of women residing in the affected area; 

(b)  a  representative  each  of  the  Scheduled  Castes  and  the  Scheduled  Tribes  residing  in  the 

affected area; 

(c) a representative of a voluntary organisation working in the area; 

(d) a representative of a nationalised bank; 

(e) the Land Acquisition Officer of the project; 

(f)  the  Chairpersons  of  the  panchayats  or  municipalities  located  in  the  affected  area  or  their 

nominees; 

(g) the Chairperson of the District Planning Committee or his nominee; 

(h) the Member of Parliament and Member of the Legislative Assembly of the concerned area 

or their nominees; 

(i) a representative of the Requiring Body; and 

(j) Administrator for Rehabilitation and Resettlement as the Member-Convenor. 

(3) The procedure regulating the discharge of the process given in this section and other matters 
connected  thereto  of  the  Rehabilitation  and  Resettlement  Committee  shall  be  such  as  may  be 
prescribed by the appropriate Government. 

46. Provisions relating to rehabilitation and resettlement to apply in case of certain persons 
other than specified persons.—(1) Where any person other than a specified person is purchasing land 
through private negotiations for an area equal to or more than such limits, as may be notified by the 
appropriate Government, considering the relevant State specific factors and circumstances, for which 
the  payment  of  Rehabilitation  and  Resettlement  Costs  under  this  Act  is  required,  he  shall  file  an 
application with the District Collector notifying him of— 

(a)  intent to purchase; 

(b) purpose for which such purchase is being made; 

(c) particulars of lands to be purchased. 

(2) It shall be the duty of the Collector to refer the matter to the Commissioner for the satisfaction 

of all relevant provisions under this Act related to rehabilitation and resettlement. 

31 

 
(3) Based upon the Rehabilitation and Resettlement Scheme approved by the Commissioner as per 
the  provisions  of  this  Act,  the  Collector  shall  pass  individual  awards  covering  Rehabilitation  and 
Resettlement entitlements as per the provisions of this Act. 

(4) No land use change shall be permitted if rehabilitation and resettlement is not complied with in 

full. 

(5)  Any  purchase  of  land  by  a  person  other  than  specified  persons  without  complying  with  the 

provisions of Rehabilitation and Resettlement Scheme shall be void ab initio: 

Provided  that  the  appropriate  Government  may  provide  for  rehabilitation  and  resettlement 
provisions on sale or purchase of land in its State and shall also fix the limits or ceiling for the said 
purpose. 

(6) If any land has been purchased through private negotiations by a person on or after the 5th day 
of September, 2011, which is more than such limits referred to in sub-section (1) and, if the same land 
is acquired within three years from the date of commencement of this Act, then, forty per cent. of the 
compensation paid for such land acquired shall be shared with the original land owners. 

Explanation.—For the purpose of this section, the expression— 

(a) “original land owner” refers to the owner of the land as on the 5th day of September, 2011; 
(b) “specified persons” includes any person other than— 

(i) appropriate Government; 
(ii) Government company; 
(iii) association of persons or trust or society as registered under the Societies Registration 
Act, 1860 (21 of 1860), wholly or partially aided by the appropriate Government or controlled 
by the appropriate Government. 

STATE AMENDMENTS 

Andhra Pradesh 
[In  the  principal  Act,  in  section  46,  in  sub-section  (6),  in  the  Explanation,  in  clause  (b),  the 

words “any person other than”, shall be omitted.] 

[Vide Andhra Pradesh Act 22 of 2018, sec. 9 (w.e.f. 1-1-2014).] 
Maharashtra 
“In  section  46  of  the  principal  Act,  in  sub-section  (6),  in  the  Explanation,  in  clause  (b),                    

sub-clauses (i) and (ii) shall be deleted.” 

[Vide Maharashtra Act 37 of 2018, sec. 8 (w.e.f. 26.4.2018).] 
Haryana  
“In  clause  (b)  of  Explanation  to  section  46  of  the  principal  Act,  the  words  “any  person  other 

than” shall be omitted.”  

[Vide Haryana Act 21 of 2018, sec. 3 (w.e.f. 9.5.2018).] 

47.  Quantification  and  deposit  of  rehabilitation  and  resettlement  amount.–Where  the 
Collector is  of  the  view that the  obligations  of  the  Requiring  Body  with regard  to  rehabilitation  and 
resettlement can be quantified into monetary amount, he shall allow the payment of such amount into 
an  account  in  complete  satisfaction  of  such  obligations,  which  shall  be  administered  by  the 
Administrator appointed under section 43, under the supervision of the Collector. 

CHAPTER VII 
NATIONAL MONITORING COMMITTEE FOR REHABILITATION AND RESETTLEMENT 

48. Establishment of National Monitoring Committee for rehabilitation and resettlement.–(1) 
The  Central  Government  may,  whenever  necessary,  for  national  or  inter-State  projects,  constitute  a 
National  Monitoring  Committee  for  reviewing  and  monitoring  the  implementation  of  rehabilitation 
and resettlement schemes or plans under this Act. 

(2)  The  Committee  may,  besides  having  representation  of  the  concerned  Ministries  and 
Departments of the Central and State Governments, associate with it eminent experts from the relevant 
fields. 

32 

 
(3)  The  procedures  to  be  followed  by  the  Committee  and  the  allowances  payable  to  the  experts 

shall be such as may be prescribed. 

(4)  The  Central  Government  shall  provide  officers  and  other  employees  to  the  Committee 

necessary for its efficient functioning. 

49.  Reporting  requirements.–The  States  and  Union  territories  shall  provide  all  the  relevant 
information on the matters covered under this Act, to the National Monitoring Committee in a regular 
and timely manner, and also as and when required. 

50.  Establishment  of  State  Monitoring  Committee  for  rehabilitation  and  resettlement.–(1) 
The  State  Government  shall  constitute  a  State  Monitoring  Committee  for  reviewing  and  monitoring 
the implementation of rehabilitation and resettlement schemes or plans under this Act. 

(2)  The  Committee  may,  besides  having  representatives  of  the  concerned  Ministries  and 

Departments of the State Government, associate with it eminent experts from the relevant fields. 

(3)  The  procedures  to  be  followed  by  the  Committee  and  the  allowances  payable  to  the  experts 

shall be such as may be prescribed by the State. 

(4)  The  State  Government  shall  provide  such  officers  and  other  employees  to  the  Committee  as 

may be necessary for its efficient functioning. 

CHAPTER VIII 

ESTABLISHMENT OF LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY 

51.  Establishment  of  Land  Acquisition,  Rehabilitation  and  Resettlement  Authority.–(1)  The 
appropriate Government shall, for the purpose of providing speedy disposal of disputes relating to land 
acquisition,  compensation,  rehabilitation  and  resettlement,  establish,  by  notification,  one  or  more 
Authorities  to  be  known  as  “the  Land  Acquisition,  Rehabilitation  and  Resettlement  Authority”  to 
exercise jurisdiction, powers and authority conferred on it by or under this Act. 

(2) The appropriate Government shall also specify in the notification referred to in sub-section (1) 
the  areas  within  which  the  Authority  may  exercise  jurisdiction  for  entertaining  and  deciding  the 
references made to it under section 64 or applications made by the applicant under second proviso to 
sub-section (1) of section 64. 

52.  Composition  of  Authority.–(1)  The  Authority  shall  consist  of  one  person  only  (hereinafter 

referred to as the Presiding Officer) to be appointed, by notification, by the appropriate Government. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  the  appropriate  Government  may 
authorise  the  Presiding  Officer  of  one  Authority  to  discharge  also  the  functions  of  the  Presiding 
Officer of another Authority. 

53. Qualifications for appointment as Presiding Officer.–(1) A person shall not be qualified for 

appointment as the Presiding Officer of an Authority unless,— 

(a) he is or has been a District Judge; or 

(b) he is a qualified legal practitioner for not less than seven years. 

(2) A Presiding Officer shall be appointed by the appropriate Government in consultation with the 

Chief Justice of a High Court in whose jurisdiction the Authority is proposed to be established. 

54. Terms of office of Presiding Officer.–The Presiding Officer of an Authority shall hold office 
for a term of three years from the date on which he enters upon his office or until he attains the age of 
sixty-five years, whichever is earlier. 

55.  Staff  of  Authority.–(1)  The  appropriate  Government  shall  provide  the  Authority  with  a 

Registrar and such other officers and employees as that Government may think fit. 

(2) The Registrar and other officers and employees of an Authority shall discharge their functions 

under the general superintendence of the Presiding Officer. 

(3) The salaries and allowances and other conditions of service of the Registrar and other officers 

33 

 
and employees of an Authority shall be such as may be prescribed. 

56. Salary and allowances and other terms and conditions of service of Presiding  Officers.–
The salary and allowances payable to and the other terms and conditions of service (including pension, 
gratuity and other retirement benefits) of the Presiding Officer of an Authority, shall be such as may be 
prescribed: 

Provided that neither the salary and allowances nor the other terms and conditions of service of the 

said Presiding Officers shall be varied to their disadvantage after appointment. 

57. Filling up of vacancies.–If, for any reason other than temporary absence, any vacancy occurs 
in the office of the Presiding Officer of an Authority then the appropriate Government shall appoint 
another person in accordance with the provisions of this Act to fill the vacancy and the proceedings 
may be continued before the Authority from the stage at which the vacancy is filled. 

58.  Resignation  and  removal.–(1)  The  Presiding  Officer  of  an  Authority  may,  by  notice  in 

writing under his hand addressed to the appropriate Government, resign his office: 

Provided that the Presiding Officer shall, unless he is permitted by the appropriate Government to 
relinquish his office sooner, continue to hold office until the expiry of three months from the date of 
receipt of such notice or until a person duly appointed as his successor enters upon his office or until 
the expiry of his term of office, whichever is earlier. 

(2) The Presiding Officer of an Authority shall not be removed from his office except by an order 
made by the appropriate Government on the ground of proven misbehaviour or incapacity after inquiry 
in  the  case  of  the  Presiding  Officer  of  an  Authority  made  by  a  Judge  of  a  High  Court  in  which  the 
Presiding  Officer  concerned  has  been  informed  of  the  charges  against  him  and  given  a  reasonable 
opportunity of being heard in respect of these charges. 

(3)  The  appropriate  Government  may,  by  rules,  regulate  the  procedure  for  the  investigation  of 

misbehaviour or incapacity of the aforesaid Presiding Officer. 

59. Orders constituting Authority to be final and not to invalidate its proceedings.–No order 
of the appropriate Government appointing any person as the Presiding Officer of an Authority shall be 
called  in  question  in  any  manner,  and  no  act  or  proceeding  before  an  Authority  shall  be  called  in 
question in any manner on the ground merely of any defect in the constitution of an Authority. 

60. Powers of Authority and procedure before it.–(1) The Authority shall, for the purposes of its 
functions under this Act, shall have the same powers as are vested in a civil court under the Code of 
Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:— 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) discovery and production of any document or other material object producible as evidence; 

(c) receiving evidence on affidavits; 

(d) requisitioning of any public record; 

(e) issuing commission for the examination of witnesses; 

(f) reviewing its decisions, directions and orders; 

(g) any other matter which may be prescribed. 

(2)  The  Authority  shall  have  original  jurisdiction  to  adjudicate  upon  every  reference  made  to  it 

under section 64. 

(3) The Authority shall not be bound by the procedure laid down in the Code of Civil Procedure, 
1908  (5  of  1908)  but  shall  be  guided  by  the  principles  of  natural  justice  and  subject  to  the  other 
provisions of this Act and of any rules made thereunder, the Authority shall have the power to regulate 
its own procedure. 

(4) The Authority shall, after receiving reference under section 64 and after giving notice of such 
reference to all the parties concerned and after affording opportunity of hearing to all parties, dispose 

34 

 
of such reference within a period of six months from the date of receipt of such reference and make an 
award accordingly. 

(5)  The  Authority  shall  arrange  to  deliver  copies  of  the  award  to  the  parties  concerned  within  a 

period of fifteen days from the date of such award. 

61.  Proceedings  before  Authority  to  be  judicial  proceedings.–All  proceedings  before  the 
Authority shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of 
the  Indian  Penal  Code  (45  of  1860)  and  the  Authority  shall  be  deemed  to  be  a  civil  court  for  the 
purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974). 

62. Members and officers of Authority to be public servants.–The Member and officers of the 
Authority shall be deemed to be public servants within the meaning of section 21 of the Indian Penal 
Code (45 of 1860). 

63. Jurisdiction of civil courts barred.–No civil court (other than High Court under article 226 or 
article 227 of the Constitution or the Supreme Court) shall have jurisdiction to entertain any dispute 
relating  to  land  acquisition  in  respect  of  which  the  Collector  or  the  Authority  is  empowered  by  or 
under this Act, and no injunction shall be granted by any court in respect of any such matter. 

64. Reference to Authority.–(1) Any person interested who has not accepted the award may, by 
written  application  to  the  Collector,  require  that  the  matter  be  referred  by  the  Collector  for  the 
determination of the Authority, as the case may be, whether his objection be to the measurement of the 
land, the amount of the compensation, the person to whom it is payable, the rights of Rehabilitation 
and  Resettlement  under  Chapters  V  and  VI  or  the  apportionment  of  the  compensation  among  the 
persons interested: 

Provided  that  the  Collector  shall,  within  a  period  of  thirty  days  from  the  date  of  receipt  of 

application, make a reference to the appropriate Authority: 

Provided  further  that  where  the  Collector  fails  to  make  such  reference  within  the  period  so 
specified,  the  applicant  may  apply  to  the  Authority,  as  the  case  may  be,  requesting  it  to  direct  the 
Collector to make the reference to it within a period of thirty days. 

(2) The application shall state the grounds on which objection to the award is taken: 

Provided that every such application shall be made— 

(a) person making it was present or represented before the Collector at the time when he made 

his award, within six weeks from the date of the Collector’s award; 

(b)  in  other  cases,  within  six  weeks  of  the  receipt  of  the  notice  from  the  Collector  under 
section  21,  or  within  six  months  from  the  date  of  the  Collector’s  award,  whichever  period  shall 
first expire: 

Provided further that the Collector may entertain an application after the expiry of the said period, 
within  a  further  period  of  one  year,  if  he  is  satisfied  that  there  was  sufficient  cause  for  not  filing  it 
within the period specified in the first proviso. 

65. Collector’s statement to Authority.–(1) In making the reference, the Collector shall state for 

the information of the Authority, in writing under his hand— 

(a)  the  situation  and  extent  of  the  land,  with  particulars  of  any  trees,  buildings  or  standing 

crops thereon; 

(b) the names of the persons whom he has reason to think interested in such land; 

(c) the amount awarded for damages and paid or tendered under section 13, and the amount of 

compensation awarded under the provisions of this Act; 

(d) the amount paid or deposited under any other provisions of this Act; and 

(e) if the objection be to the amount of the compensation, the grounds on which the amount of 

compensation was determined. 

35 

 
(2) The statement under sub-section (1) shall be attached a schedule giving the particulars of the 
notices  served  upon,  and  of  the  statements  in  writing  made  or  delivered  by  the  persons  interested 
respectively. 

66. Service of notice by Authority.–The Authority shall thereupon cause a notice specifying the 
day  on  which  the  Authority  will  proceed  to  determine  the  objection,  and  directing  their  appearance 
before the Authority on that day, to be served on the following persons, namely:— 

(a) the applicant; 

(b)  all  persons  interested  in  the  objection,  except  such  (if  any)  of  them  as  have  consented 

without protest to receive payment of the compensation awarded; and 

(c) if the objection is in regard to the area of the land or to the amount of the compensation, the 

Collector. 

67. Restriction on scope of proceedings.–The scope of the enquiry in every such proceeding shall 

be restricted to a consideration of the interest of the persons affected by the objection. 

68. Proceeding to be in public.–Every such proceeding shall take place in public, and all persons 
entitled to practice in any Civil Court in the State shall be entitled to appear, plead and act (as the case 
may be) in such proceeding. 

69. Determination of  award by authority.–(1) In determining the amount of compensation to be 
awarded  for  land  acquired  including  the  Rehabilitation  and  Resettlement  entitlements,  the  Authority 
shall take into consideration whether the Collector has followed the parameters set out under section 
26 to section 30 and the provisions under Chapter V of this Act. 

(2) In addition to the market value of the land, as above provided, the Authority shall in every case 
award  an  amount  calculated  at  the  rate  of  twelve  per  cent.  per  annum  on  such  market  value  for  the 
period  commencing  on  and  from  the  date  of  the  publication  of  the  preliminary  notification  under 
section  11  in  respect  of  such  land  to  the  date  of  the  award  of  the  Collector  or  the  date  of  taking 
possession of the land, whichever is earlier. 

Explanation.—In computing the period referred to in this sub-section, any period or periods during 
which the proceedings for the acquisition of the land were held up on account of any stay or injunction 
by the order of any Court shall be excluded. 

(3) In addition to the market value of the land as above provided, the Authority shall in every case 

award a solatium of one hundred per cent. over the total compensation amount. 

70.  Form  of  award.–(1)  Every  award  under  this  Chapter  shall  be  in  writing  signed  by  the 
Presiding Officer of the Authority, and shall specify the amount awarded under clause first of section 
28, and also the amounts (if any) respectively awarded under each of the other clauses of the same sub-
section, together with the grounds of awarding each of the said amounts. 

(2) Every such award shall be deemed to be a decree and the statement of the grounds of every 
such award a judgment within the meaning of clause (2), and clause (9) of respectively, of section 2 of 
the Code of Civil Procedure, 1908 (5 of 1908). 

71.  Costs.–(1)  Every  such award  shall  also state  the amount  of  costs  incurred in  the  proceeding 

under this Chapter, and by what persons and in what proportions they are to be paid. 

(2)  When  the  award  of  the  Collector  is  not  upheld,  the  cost  shall  ordinarily  be  paid  by  the 
Collector,  unless  the  Authority  concerned  is  of  the  opinion  that  the  claim  of  the  applicant  was  so 
extravagant  or  that  he  was  so  negligent  in  putting  his  case before  the  Collector  that some  deduction 
from his costs should be made or that he should pay a part of the Collector’s costs. 

72. Collector may be directed to pay interest on excess compensation.–If the sum, which in the 
opinion of the Authority concerned, the Collector ought to have awarded as compensation is in excess 
of the sum which the Collector did award as compensation, the award of the Authority concerned may 
direct that the Collector shall pay interest on such excess at the rate of nine per cent. per annum from 
the date on which he took possession of the land to the date of payment of such excess into Authority: 

36 

 
Provided that the award of the Authority concerned may also direct that where such excess or any 
part thereof is paid to the Authority after the date or expiry of a period of one year from the date on 
which possession is taken, interest at the rate of fifteen per cent. per annum shall be payable from the 
date of expiry of the said period of one year on the amount of such excess or part thereof which has not 
been paid into Authority before the date of such expiry. 

73. Re-determination of amount of compensation on the basis of the award of the Authority.– 
(1) Where in an award under this Chapter, the Authority concerned allows to the applicant any amount 
of  compensation  in  excess  of  the  amount  awarded  by  the  Collector  under  section  23,  the  persons 
interested in all the other land covered by the same preliminary notification under section 11, and who 
are  also  aggrieved  by  the  award  of  the  Collector  may,  notwithstanding  that  they  had  not  made  an 
application to the Collector, by written application to the Collector within three months from the date 
of the award of the Authority concerned require that the amount of compensation payable to them may 
be re-determined on the basis of the amount of compensation awarded by the Authority: 

Provided that in computing the period of three months within which an application to the Collector 
shall  be  made  under  this  sub-section,  the  day  on  which  the  award  was  pronounced  and  the  time 
requisite for obtaining a copy of the award shall be excluded. 

(2) The Collector shall, on receipt of an application under sub-section (1), conduct an inquiry after 
giving notice to all the persons interested and giving them a reasonable opportunity of being heard, and 
make an award determining the amount of compensation payable to the applicants. 

(3) Any person who has not accepted the award under sub-section (2) may, by written application 
to  the  Collector,  require  that  the  matter  be  referred  by  the  Collector  for  the  determination  of  the 
Authority concerned. 

74. Appeal to High Court.–(1) The Requiring Body or any person aggrieved by the Award passed 
by an Authority under section 69 may file an appeal to the High Court within sixty days from the date 
of Award: 

Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient 
cause  from  filing  the  appeal  within  the  said  period,  allow  it  to  be  filed  within  a  further  period  not 
exceeding sixty days. 

(2) Every appeal referred to under sub-section (1) shall be heard as expeditiously as possible and 
endeavour  shall  be  made  to  dispose  of  such  appeal  within  six  months  from  the  date  on  which  the 
appeal is presented to the High Court. 

Explanation.—For  the  purposes  of  this  section,  “High  Court”  means  the  High  Court  within  the 

jurisdiction of which the land acquired or proposed to be acquired is situated. 

CHAPTER IX  

APPORTIONMENT OF COMPENSATION 

75. Particulars of apportionment to be specified.–When there are several persons interested, if 
such  persons  agree  in  the apportionment  of the compensation,  the  particulars  of  such  apportionment 
shall be specified in the award, and as between such persons the award shall be conclusive evidence of 
the correctness of the apportionment. 

76.  Dispute  as  to  apportionment.–When  the  amount  of  compensation  has  been  settled,  if  any 
dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the 
same or any part thereof is payable, the Collector may refer such disputes to the Authority. 

CHAPTER X 

PAYMENT 

77. Payment of compensation or deposit of same in Authority.–(1) On making an award under 
section  30,  the  Collector  shall  tender  payment  of  the  compensation  awarded  by  him  to  the  persons 
interested entitled thereto according to the award and shall pay it to them by depositing the amount in 
their  bank  accounts  unless  prevented  by  someone  or  more  of  the  contingencies  mentioned  in  

37 

 
sub-section (2). 

(2) If the person entitled to compensation shall not consent to receive it, or if there be no person 
competent to alienate the land, or if there be any dispute as to the title to receive the compensation or 
as  to  the  apportionment  of  it,  the  Collector  shall  deposit  the  amount  of  the  compensation  in  the 
Authority to which a reference under section 64 would be submitted: 

Provided that any person admitted to be interested may receive such payment under protest as to 

the sufficiency of the amount: 

Provided further that no person who has received the amount otherwise than under protest shall be 

entitled to make any application under sub-section (1) of section 64: 

Provided  also  that  nothing  herein  contained  shall  affect  the  liability  of  any  person,  who  may 
receive  the  whole  or  any  part  of  any  compensation  awarded  under  this  Act,  to  pay  the  same  to  the 
person lawfully entitled thereto. 

78.  Investment  of  money  deposited  in  respect  of  lands  belonging  to  person  incompetent  to 
alienate.–(1) If any money is deposited in the Authority concerned under sub-section (2) of section 77 
and it appears that the land in respect whereof the same was awarded belonged to any person who had 
no power to alienate the same, the Authority concerned shall— 

(a) order the money to be invested in the purchase of other lands to be held under the like title 
and conditions of ownership as the land in respect of which such money shall have been deposited 
was held; or 

(b) if such purchase cannot be effected forthwith, then in such Government of other approved 

securities as the Authority concerned shall think fit, 

and  shall  direct  the  payment  of  the  interest  or  other  proceeds  arising  from  such  investment  to  the 
person or persons who would for the time being have been entitled to the possession of the said land, 
and such moneys shall remain so deposited and invested until the same be applied— 

(i) in the purchase of such other lands as aforesaid; or 

(ii) in payment to any person or persons becoming absolutely entitled thereto. 

(2) In all cases of money deposited to which this section applies the Authority concerned shall order 
the  costs  of  the  following  matters,  including  therein  all  reasonable  charge  and  expenses  incident 
thereon, to be paid by the Collector, namely:— 

(a) the costs of such investments as aforesaid; 

(b)  the  costs  of the  orders for  the  payment  of the  interest  or  other proceeds  of the  securities 
upon which such moneys are for the time being invested, and for the payment out of the Authority 
concerned of the principal of such moneys, and of all proceedings relating thereto, except such as 
may be occasioned by litigation between adverse claimants. 

79. Investment of money deposited in other cases.–When any money shall have been deposited 
in the Authority concerned under this Act for any cause other than the causes mentioned in section 78, 
the Authority may, on the application of any party interested or claiming an interest in such money, 
order the same to be invested in such Government or other approved securities as it may think proper, 
and  paid in  such  manner  as  it  may  consider  will  give  the  parties  interested  therein  the  same  benefit 
from it as they might have had from the land in respect whereof such money shall have been deposited 
or as near thereto as may be. 

80. Payment of interest.–When the amount of such compensation is not paid or deposited on or 
before taking possession of the land, the Collector shall pay the amount awarded with interest thereon 
at the rate of nine per cent. per annum from the time of so taking possession until it shall have been so 
paid or deposited: 

Provided that if such compensation or any part thereof is not paid or deposited within a period of 
one year from the date on which possession is taken, interest at the rate of fifteen per cent. per annum 

38 

 
shall be payable from the date or expiry of the said period of one year on the amount of compensation 
or part thereof which has not been paid or deposited before the date of such expiry. 

CHAPTER XI 

TEMPORARY OCCUPATION OF LAND 

81.  Temporary  occupation  of  waste  or  arable  land,  procedure  when  difference  as  to 
compensation  exists.–(1)  Whenever  it  appears  to  the  appropriate  Government  that  the  temporary 
occupation  and  use  of  any  waste  or  arable  land  are  needed  for  any  public  purpose,  the  appropriate 
Government may direct the Collector to procure the occupation and use of the same for such terms as 
it shall think fit, not exceeding three years from the commencement of such occupation. 

(2) The Collector shall thereupon give notice in writing to the person interested in such land of the 
purpose for which the same is needed, and shall, for the occupation and use thereof for such term as 
aforesaid, and for the materials (if any) to be taken therefrom, pay to them such compensation, either 
in  a  gross  sum  of  money,  or  by  monthly  or  other  periodical  payments,  as  shall  be  agreed  upon  in 
writing between him and such persons respectively. 

(3) In case the Collector and the persons interested differ as to the sufficiency of the compensation 

or apportionment thereof, the Collector shall refer such difference to the decision of the Authority. 

82. Power to enter and take possession and compensation on restoration.–(1) On payment of 
such compensation, or on executing such agreement, or on making a reference under section 64, the 
Collector  may  enter  upon  and  take  possession  of  the  land,  and  use  or  permit  the  use  thereof  in 
accordance with the terms of the said notice. 

(2)  On  the  expiration  of  the  term,  the  Collector  shall  make  or  tender  to  the  persons  interested 
compensation  for  the  damage  (if  any)  done  to  the  land  and  not  provided  for  by  the  agreement,  and 
shall restore the land to the persons interested therein: 

Provided that, if the land has become permanently unfit to be used for the purpose for which it was 
used  immediately  before  the  commencement  of  such  term,  and  if  the  persons  interested  shall  so 
require,  the  appropriate  Government  shall  proceed  under  this  Act  to  acquire  the  land  as  if  it  was 
needed permanently for a public purpose. 

83. Difference as to condition of land.–In case the Collector and persons interested differ as to 
the  condition  of  the  land  at  the  expiration  of  the  term,  or  as  to  any  matter  connected  with  the  said 
agreement, the Collector shall refer such difference to the decision of the Authority concerned. 

CHAPTER XII 

OFFENCES AND PENALTIES 

84. Punishment for false information, mala fide action, etc.–(1) If a person, in connection with a 
requirement  or  direction  under  this  Act,  provides  any  information  that  is  false  or  misleading,  or 
produces any false document, he shall be liable to be punished with imprisonment of either description 
for a term which may extend to six months, or with fine which may extend to one lakh rupees, or with 
both. 

(2)  Any  rehabilitation  and  resettlement  benefit  availed  of  by  making  a  false  claim  or  through 
fraudulent means shall be liable to be recovered by the appropriate Government in the manner as may 
be prescribed. 

(3) Disciplinary proceedings may be drawn up by the disciplinary authority against a Government 
servant, who if proved to be guilty of a mala fide action in respect of any provision of this Act, shall be 
liable to such punishment including a fine as the disciplinary authority may decide. 

85.  Penalty  for  contravention  of  provisions  of  Act.–If  any  person  contravenes  any  of  the 
provisions relating to payment of compensation or rehabilitation and resettlement, every such  person 
shall  be liable  to  a  punishment  of  six  months  which  may  extend  to three  years  or  with fine  or  with 
both. 

86.  Offences  by  companies.–(1)  Where  an  offence  under  this  Act  has  been  committed  by  a 

39 

 
company,  every  person  who  at  the  time  the  offence  was  committed  was  in  charge  of,  and  was 
responsible to, the  company  for  the  conduct  of the  business  of  the  company,  shall  be  deemed  to  be 
guilty of the offence and shall be liable to be proceeded against and punished accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment  if  he  proves  that  the  offence  was  committed  without  his  knowledge  or  that  he  had 
exercised all due diligence to prevent the commission of such offence. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  where  an  offence  under  this  Act  has 
been committed by a company and it is proved that the offence has been committed with the consent 
or connivance of, or that the commission of the offence is attributable to any neglect on the  part of, 
any director, manager, secretary or other officer of the company, such director, manager, secretary or 
other  officer  shall  also  be  deemed  to  be  guilty  of  that  offence  and  shall  be  liable  to  be  proceeded 
against and punished accordingly. 

Explanation.—For the purposes of this section,— 

(a)”company”  means  any  body  corporate  and  includes  a  firm  or  other  association  of 

individuals and a Requiring Body; and 

(b) “director”, in relation to a firm, means a partner in the firm. 

87.  Offences  by  Government  departments.–(1)  Where  an  offence  under  this  Act  has  been 
committed by any department of the Government, the head of the department, shall be deemed to be 
guilty of the offence and shall be liable to be proceeded against and punished accordingly: 

Provided that nothing contained in this section shall render any person liable to any punishment if 
such  person  proves  that  the  offence  was  committed  without  his  knowledge  or  that  such  person 
exercised all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has 
been  committed  by  a  Department  of  the  Government  and  it  is  proved  that  the  offence  has  been 
committed  with  the  consent  or  connivance  of,  or  is  attributable  to  any  neglect  on  the  part  of  any 
officer, other than the head of the department, such officer shall also be deemed to be guilty of that 
offence and shall be liable to be proceeded against and punished accordingly. 

STATE AMENDMENTS 

Andhra Pradesh 
In the principal Act, for section 87, along with the marginal heading the following section shall be 

substituted, namely:- 

“87. Offences by Government officials. –Where any offence under this Act has been committed 
by  any  person  who  is  or  was  employed  in  the  Central  Government  or  the  State  Government,  as  the 
case  may  be,  at  the time  of  commission  of  such  alleged  offence,  the  Court  shall  take  cognizance  of 
such offence provided the procedure laid down in section 197 of the Code of Criminal Procedure, 1973 
(Act 2 of 1974) is followed.” 

[Vide Andhra Pradesh Act 22 of 2018, sec. 10 (w.e.f. 1-1-2014).] 
Maharashtra 
For section 87 of the principal Act, the following section shall be substituted, namely:- 
“87. Offences by Government Officials. –Where any offence under this Act has been committed 
by  any  person  who  is  or  was  employed  in  the  Central  Government  or  the  State  Government,  as  the 
case may be, at the time of commission of such alleged offence, the court shall take cognizance of such 
offence  provided  the  procedure  laid  down  in  section  197  of  the  Code  of  Criminal  Procedure,  1973                  
(2 of 1974), in its application to the State of Maharashtra, is followed.” 

[Vide Maharashtra Act 37 of 2018, sec. 9 (w.e.f. 26-4-2018).] 
Haryana 
After section 87 of the principal Act, the following section shall be inserted, namely:-  

“87A. Offences by Government officials.- Where an offence under this Act has been committed 
by any person who is or was employed in the Central Government or State Government, as the case 
may  be,  at  the  time  of  commission  of  such  alleged  offence,  no  court  shall  take  cognizance  of  such 

40 

 
offence  unless  the  procedure  laid  down  in  section  197  of  the  Code  of  Criminal  Procedure,  1973 
(Central Act 2 of 1974) has been followed.”  

[Vide Haryana Act 21 of 2018, sec. 4 (w.e.f. 9-5-2018).] 

88. Cognizance of offences by court.–No court inferior to that of a Metropolitan Magistrate or a 

Judicial Magistrate of the first class shall be competent to try any offence punishable under this Act. 

89. Offences to be non-cognizable.–Notwithstanding anything contained in the Code of Criminal 

Procedure, 1973 (2 of 1974) every offence under this Act shall be deemed to be non-cognizable. 

90. Offences to be cognizable only on complaint filed by certain persons.–No court shall take 
cognizance  of  any  offence  under  this  Act  which  is  alleged  to  have  been  committed  by  a  Requiring 
Body except on a complaint in writing made by the Collector or any other officer authorised by the 
appropriate Government or any member of the affected family. 

CHAPTER XIII 

MISCELLANEOUS 

91. Magistrate to enforce surrender.–If the Collector is opposed or impeded in taking possession 
under this Act of any land, he shall, if a Magistrate, enforce the surrender of the land to himself, and if 
not a Magistrate, he shall apply to a Magistrate or to the Commissioner of Police, and such Magistrate 
or Commissioner, as the case may be, shall enforce the surrender of the land to the Collector. 

92.  Service  of  notice.–(1)  Save  as  otherwise  provided  in  section  66,  the  service  of  any  notice 
under this Act shall be made by delivering or tendering a copy thereof signed, in the case of a notice, 
by the officer therein mentioned, and, in the case of any other notice, by order of the Collector. 

(2) Whenever it may be practicable, the service of the notice shall be made on the person therein 

named. 

(3)  When  such  person  cannot  be  found,  the  service  may  be  made  on  any  adult  member  of  his 
family  residing  with  him;  and,  if  no  such  adult  member  can  be  found,  the  notice  may  be  served  by 
fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or 
carries on business, or by fixing a copy thereof in some conspicuous place in the office of the officer 
aforesaid or of the Collector or in the court-house, and also in some conspicuous part of the land to be 
acquired: 

Provided  that,  if  the  Collector  or  Judge  shall  so  direct,  a  notice  may  be  sent  by  post,  in  a  letter 
addressed to the person named therein at his last known residence, address or place of business and 
also publish the same in at least two national daily newspapers and also on his website. 

93.  Completion  of  acquisition  not  compulsory,  but  compensation  to  be  awarded  when  not 
completed.–(1) The  appropriate  Government  shall  be  at  liberty  to  withdraw  from  the  acquisition  of 
any land of which possession has not been taken. 

(2)  Whenever  the  appropriate  Government  withdraws  from  any  such  acquisition,  the  Collector 
shall determine the amount of compensation due for the damage suffered by the owner in consequence 
of  the  notice  or  of  any  proceedings  thereunder,  and  shall  pay  such  amount  to  the  person  interested, 
together with all costs reasonably incurred by him in the prosecution of the proceedings under this Act 
relating to the said land. 

94. Acquisition of part of house or building.–(1) The provisions of this Act shall not be put in 
force for the purpose of acquiring a part only of any house, manufactory or other building, if the owner 
desires that the whole of such house, manufactory or building shall be so acquired: 

Provided that, if any question shall arise as to whether any land proposed to be taken under this 
Act does or does not form part of a house, manufactory or building within the meaning of this section, 
the Collector shall refer the determination of such question to the Authority concerned and shall not be 
taken possession of such land until after the question has been determined. 

(2)  In  deciding  on  such  a  reference  made  under  the  proviso  to  sub-section  (1),  the  Authority 
concerned  shall  have  regard  to  the  question  whether  the  land  proposed  to  be  taken,  is  reasonably 
required for the full and unimpaired use of the house, manufactory or building. 

(3) If, in the case of any claim under this Act, by a person interested, on account of the severing of 

41 

 
the land to be acquired from his other land, the appropriate Government is of opinion that the claim is 
unreasonable  or  excessive,  it  may,  at  any  time  before  the  Collector  has  made  his  award,  order  the 
acquisition of the whole of the land of which the land first sought to be acquired forms a part. 

(4)  In  the  case  of  any  acquisition  of  land  so  required  no  fresh  declaration  or  other  proceedings 
under  sections  11  to  19,  (both  inclusive)  shall  be  necessary;  but  the  Collector  shall  without  delay 
furnish a copy of the order of the appropriate Government to the person interested, and shall thereafter 
proceed to make his award under section 23. 

95.  Acquisition  of  land  at  cost  of  a  local  authority  or  Requiring  Body.–(1)  Where  the 
provisions  of  this  Act  are  put  in  force  for  the  purpose  of  acquiring  land  at  the  cost  of  any  fund 
controlled or managed by a local authority or of any Requiring Body, the charges of land incidental to 
such acquisition shall be defrayed from or by such fund or Requiring Body. 

(2)  In  any  proceeding  held  before  a  Collector  or  Authority  concerned  in  such  cases  the  local 
authority  or  Requiring  Body  concerned  may  appear  and  adduce  evidence  for  the  purpose  of 
determining the amount of compensation: 

Provided that no such local authority or Requiring Body shall be entitled to demand a reference to 

the Authority concerned under section 64. 

96.  Exemption from  income-tax,  stamp  duty  and fees.–No  income  tax  or  stamp  duty  shall  be 
levied  on  any  award  or  agreement  made  under  this  Act,  except  under  section  46  and  no  person 
claiming under any such award or agreement shall be liable to pay any fee for a copy of the same. 

97. Acceptance of certified copy as evidence.–In any proceeding under this Act, a certified copy 
of a document registered under the Registration Act, 1908 (16 of 1908) including a copy given under 
section 57 of that Act, may be accepted as evidence of the transaction recorded in such document. 

98. Notice in case of suits for anything done in pursuance of Act.–No suit or other proceeding 
shall be commenced against any person for anything done in pursuance of this Act, without giving to 
such person a month’s previous notice in writing of the intended proceeding, and of the cause thereof, 
nor after tender of sufficient amendments. 

99.  No  change  of  purpose  to  be  allowed.–No  change  from  the  purpose  or  related  purposes  for 

which the land is originally sought to be acquired shall be allowed: 

Provided that if the land acquired is rendered unusable for the purpose for which it was acquired 
due  to  a  fundamental  change  because  of  any  unforeseen  circumstances,  then  the  appropriate 
Government may use such land for any other public purpose. 

100.  No  change  of  ownership  without  permission  to  be  allowed.–No  change  of  ownership 

without specific permission from the appropriate Government shall be allowed. 

101. Return of unutilised land.– When any land acquired under this Act remains unutilised for a 
period  of  five  years  from  the  date  of  taking  over  the  possession,  the  same  shall  be  returned  to  the 
original  owner  or  owners  or  their  legal  heirs,  as  the  case  may  be,  or  to  the  Land  Bank  of  the 
appropriate  Government  by  reversion  in  the  manner  as  may  be  prescribed  by  the  appropriate 
Government. 

Explanation.—For  the  purpose  of  this  section,  “Land  Bank”  means  a  governmental  entity  that 
focuses  on  the  conversion  of  Government  owned  vacant,  abandoned,  unutilised  acquired  lands  and 
tax-delinquent properties into productive use. 

STATE AMENDMENTS 

Andhra Pradesh 
“In  the  principal  Act, in section  101, for the  words  “a  period  of five  years”,  the  words  “a period 

specified for setting up of any project or for five years, whichever is later,” shall be substituted.” 

[Vide Andhra Pradesh Act 22 of 2018, sec. 11 (w.e.f. 1-1-2014).] 
Haryana 
After section 101 of the principal Act, the following section shall be inserted, namely:-  

“101A.  Power  to  denotify  land.-  When  any  public  purpose,  for  which  the  land  acquired 
under the Land Acquisition Act, 1894 (Central Act 1 of 1894) becomes unviable or non-essential, 
the  State  Government  shall  be  at  liberty  to  denotify  such  land,  on  such  terms,  as  considered 

42 

 
expedient  by  the  State  Government,  including  the  payment  of  compensation  on  account  of 
damages, if any, sustained by the land owner due to such acquisition:  

Provided that where a part of the acquired land has been utilized or any encumbrances have 
been  created,  the  landowner  may  be  compensated  by  providing  alternative  land  alongwith 
payment of damages, if any, as determined by the State Government.”  

[Vide Haryana Act 21 of 2018, sec. 5 (w.e.f. 9-5-2018).] 
102. Difference in price of land when transferred for higher consideration to be shared.– 
Whenever  the  ownership  of  any  land  acquired  under  this  Act  is  transferred  to  any  person  for  a 
consideration,  without  any  development  having  taken  place  on  such  land,  forty  per  cent.  of  the 
appreciated land value shall be shared amongst the persons from whom the lands were acquired or 
their  heirs,  in  proportion  to  the  value  at  which  the  lands  were  acquired  within  a  period  of  five 
years from the date of acquisition: 
Provided that benefit shall accrue only on the first sale or transfer that occurs after the conclusion 

of the acquisition proceedings. 

103. Provisions to be in addition to existing laws.–The provisions of this Act shall be in addition 

to and not in derogation of, any other law for the time being in force. 

104.  Option  of  appropriate  Government  to  lease.–Notwithstanding  anything  contained  in  this 
Act, the appropriate Government shall, wherever possible, be free to exercise the option of taking the 
land on lease, instead of acquisition, for any public purpose referred to in sub-section (1) of section 2. 

105.  Provisions  of  this  Act  not  to  apply  in  certain  cases  or  to  apply  with  certain 
modifications.–(1)  Subject  to  sub-section  (3),  the  provisions  of  this  Act  shall  not  apply  to  the 
enactments relating to land acquisition specified in the Fourth Schedule. 

(2) Subject to sub-section (2) of section 106, the Central Government may, by notification, omit or 

add to any of the enactments specified in the Fourth Schedule. 

(3)  The  Central  Government  shall,  by  notification,  within  one  year  from  the  date  of 
commencement of this Act, direct that any of the provisions of this Act relating to the determination of 
compensation  in  accordance  with  the  First  Schedule  and  rehabilitation  and  resettlement  specified  in 
the Second and Third Schedules, being beneficial to the affected families, shall apply to the cases of 
land  acquisition  under  the  enactments  specified  in  the  Fourth  Schedule  or  shall  apply  with  such 
exceptions or modifications that do not reduce the compensation or dilute the provisions of this Act 
relating to compensation or rehabilitation and resettlement as may be specified in the notification, as 
the case may be. 

(4) A copy of every notification proposed to be issued under sub-section (3), shall be laid in draft 
before each House of Parliament, while it is in session, for a total period of thirty days which may be 
comprised in one session or in two or more successive sessions, and if, before the expiry of the session 
immediately  following  the  session  or  the  successive  sessions  aforesaid,  both  Houses  agree  in 
disapproving  the  issue  of  the  notification  or  both  Houses  agree  in  making  any  modification  in  the 
notification,  the  notification  shall  not be issued  or,  as  the  case  may  be,  shall  be  issued only  in  such 
modified form as may be agreed upon by both the Houses of Parliament. 

STATE AMENDMENTS 

Maharashtra 
After section 105 of the principal Act, the following section shall be inserted, namely :- 
“105-A.  Provisions  of  this  Act  not  to  apply  to  certain  Maharashtra  Acts  or  to  apply  with 
certain  modifications.–(1)  Subject  to  sub-section  (2),  the  provisions  of  this  Act  shall  not  apply  to 
acquisition of land under the enactments specified in the Fifth Schedule. 

(2) The State Government may, by notification, within one year from the date of commencement 
of  the  Right  to  Fair  Compensation  and  Transparency  in  Land  Acquisition,  Rehabilitation  and 
Resettlement  (Maharashtra  Amendment)  Act,  2018  (Mah.  XXXVII  of  2018),  direct  that  any  of  the 
provisions  of  this  Act,  relating  to  the  determination  of  compensation  in  accordance  with  the  First 
Schedule  and  rehabilitation  and  resettlement  specified  in  the  Second  and  Third  Schedules,  being 
beneficial  to  the  affected  families,  shall  apply  to  the cases  of  land  acquisition  under  the  enactments 
specified in the Fifth Schedule or shall apply with such exceptions or modifications that do not reduce 

43 

 
the compensation or dilute the provisions of this Act relating to the compensation, rehabilitation and 
resettlement as may be specified in the notification, as the case may be : 

Provided that, no such notification shall be issued except on a resolution passed by both Houses of 

the State Legislature.” 

[Vide Maharashtra Act 37 of 2018, sec. 10 (w.e.f. 26-4-2018).] 

106.  Power  to  amend  Schedule.–(1)  The  Central  Government  may,  by  notification,  amend  or 
alter any of the Schedules to this Act, without in any way reducing the compensation or diluting the 
provisions of this Act relating to compensation or rehabilitation and resettlement. 

(2) A copy of every notification proposed to be issued under sub-section (1), shall be laid in draft 
before each House of Parliament, while it is in session, for a total period of thirty days which may be 
comprised in one session or in two or more successive sessions, and if, before the expiry of the session 
immediately  following  the  session  or  the  successive  sessions  aforesaid,  both  Houses  agree  in 
disapproving  the  issue  of  the  notification  or  both  Houses  agree  in  making  any  modification  in  the 
notification,  the  notification  shall  not  be  issued  or  as  the  case  may  be,  shall  be  issued  only  in  such 
modified form as may be agreed upon by both the Houses of Parliament. 

107.  Power  of  State  Legislatures  to  enact  any  law  more  beneficial  to  affected  families.– 
Nothing in this Act shall prevent any State from enacting any law to enhance or add to the entitlements 
enumerated under this Act which confers higher compensation than payable under this Act or make 
provisions for rehabilitation and resettlement which is more beneficial than provided under this Act. 

108.  Option  to  affected  families  to  avail  better  compensation  and  rehabilitation  and 
resettlement.–(1) Where a State law or a policy framed by the Government of a State provides for a 
higher compensation than calculated under this Act for the acquisition of land, the affected persons or 
his  family  or  member  of  his  family  may  at  their  option  opt  to  avail  such  higher  compensation  and 
rehabilitation and resettlement under such State law or such policy of the State. 

(2)  Where  a  State  law  or  a  policy  framed  by  the  Government  of  a  State  offers  more  beneficial 
rehabilitation  and  resettlement  provisions  under  that  Act  or  policy  than  under  this  Act,  the  affected 
persons or his family or member of his family may at his option opt to avail such rehabilitation and 
resettlement provisions under such State law or such policy of the State instead of under this Act. 

109. Power of  appropriate  Government  to make  rules.–(1)  Subject  to  the  other  provisions  of 
this Act, the appropriate Government may, by notification, make rules for carrying out the provisions 
of this Act. 

(2) In particular, and without prejudice to the generality of the foregoing, such rules may provide 

for all or any of the following matters, namely:— 

(a)  the  process  of  obtaining  the  prior  consent  under  the  first  proviso  to  sub-section  (2)  of 

section 2; 

(b)  the  limits  of  land  in  rural  areas  or  urban  areas  under  clause  (a)  of  sub-section  (3)  of  

section 2; 

(c)  the  manner  and  the  time  limit  for  carrying  out  social  impact  assessment  study  under  

sub-section (1) of section 4; 

(d)  the  manner  of  preparing  and  publishing  social  impact  assessment  study  reports  under  

sub-section (1) of section 6; 

(e) the manner and time for conducting survey and undertaking census under sub-section (2) of 

section 16; 

(f) 

the  manner  of  preparing  draft  Rehabilitation  and  Resettlement  Scheme  under  

sub-section (5) of section 16; 

(g) the manner of conducting public hearing under sub-section (5) of section 16; 

(h)  the  manner  of  depositing  amount  by  the  Requiring  Body  under  second  proviso  to  

44 

 
sub-section (2) of section 19; 

(i) the manner in which and the period within which any excess amount paid may be recovered 

under sub-section (3) of section 33; 

(j)  the  form  in  which  the  Development  Plan  shall  be  prepared  under  sub-section  (2)of  

section 41; 

(k) the powers, duties and responsibilities of Administrator under sub-section (2) of section 43; 

(l)  the  procedure  of  Rehabilitation  and  Resettlement  Committee  under  sub-section  (3)  of 

section 45; 

(m)  the  procedure  to  be  followed  by  the  Rehabilitation  and  Resettlement  Committee  and 

allowances to be paid to the experts under sub-section (3) of section 48; 

(n)  the  procedures  to  be  followed  by  the  State  Monitoring  Committee  and  the  allowances 

payable to the experts under sub-section (3) of section 50; 

(o)  the  salaries  and  allowances  and  other  conditions  of  service  of  the  Registrar  and  other 

officers and employees of an Authority under sub-section (3) of section 55; 

(p)  the  salary  and  allowances  payable  to  and  the  other  terms  and  conditions  of  service 
(including pension, gratuity and other retirement benefits) of, the Presiding Officer of an Authority 
under section 56; 

(q) any other matter under clause (g) of sub-section (1) of section 60; 

(r) the manner of recovery of the rehabilitation and resettlement benefits, availed of by making 

false claim or through fraudulent means, under sub-section (2) of section 84; 

(s) the manner of returning the unutilised land by reversion under section 101; 

(t) manner of publication wherever the provisions of this Act provide for; 

(u) any other matter which is required to be or may be specified under this Act. 

STATE AMENDMENTS 

Andhra Pradesh 

In the principal Act, in section 109, in sub-section (2), after clause (u) the following clause shall 

be added, namely:- 

“(v)  to  give  effect  to  the  Right  to  Fair  Compensation  and  Transparency  in  Land  Acquisition, 

Rehabilitation and Resettlement (Andhra Pradesh Amendment) Act, 2018” 

[Vide Andhra Pradesh Act 22 of 2018, sec. 12 (w.e.f. 1-1-2014).] 

110.  Rules made  by  Central  Government  to  be laid  before Parliament.–Every  rule  made  by 
the Central Government under this Act shall be laid as soon as may be after it is made, before each 
House of Parliament while it is in session for a total period of thirty days which may be comprised in 
one session or two or more successive sessions, and if, before the expiry of the session immediately 
following  the  session  or  the  successive  sessions  aforesaid,  both  Houses  agree  in  making  any 
modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter 
have effect only in such modified form or be of no effect, as the case may be; so, however, that any 
such modification or annulment shall be without prejudice to the validity of anything previously done 
under that rule. 

111. Rules made by State Government to be laid before State Legislature.–Every rule made by 
the  State  Government  under  this  Act  shall  be  laid,  as  soon  as  may  be  after  it  is  made,  before  each 
House of the State Legislature where it consists of two Houses, or where such Legislature consists of 
one House, before that House. 

112.  Previous  publication  of  rules  made  by  Central  and  State  Government.–The  power  to 
make rules by the Central or State Government under this Act shall be subject to the condition of the 

45 

 
rules, being made after previous publication. 

113. Power to remove difficulties.–(1) If any difficulty arises in giving effect to the provisions of 
this  Part,  the  Central  Government  may,  by  order,  make  such  provisions  or  give  such  directions  not 
inconsistent  with  the  provisions  of  this  Act  as  may  appear  to  it to  be  necessary  or expedient  for  the 
removal of the difficulty: 

Provided that no such power shall be exercised after the expiry of a period of two years from the 

commencement of this Act. 

(2) Every order made under this section shall be laid, as soon as may be after it is made, before 

each House of Parliament. 

114. Repeal and saving.–(1) The Land Acquisition Act, 1894 (1 of 1894) is hereby repealed. 

(2)  Save  as  otherwise  provided  in  this  Act  the  repeal  under  sub-section  (1)  shall  not  be  held  to 
prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) 
with regard to the effect of repeals. 

46 

 
 
 
THE FIRST SCHEDULE 

[See section 30(2)] 

COMPENSATION FOR LAND OWNERS 

The following components shall constitute the minimum compensation package to be given 
to those whose land is acquired and to tenants referred to in clause (c) of section 3 in a proportion 
to be decided by the appropriate Government. 

Serial 
No. 

Component of compensation 
package in respect of land 
acquired under the Act 

Manner of determination of value 

(1) 

(2) 

(3) 

Date of 
determination 
of value 

(4) 

1. 

2. 

3. 

4. 

5. 

Market value of land 

To be determined as provided under section 26. 

Factor by which the market value 
is to be multiplied in the case of 
rural areas 

1.00 (One) to 2.00 (Two) based on the distance of 
project from urban area, as may be notified by the 
appropriate Government. 

Factor by which the market value 
is to be multiplied in the case of 
urban areas 

1(One). 

Value of assets attached to land 
or building 

Solatium 

6. 

Final award in rural areas  

7. 

Final award in urban areas 

To be determined as provided under section 29. 

Equivalent  to  one  hundred  per  cent.  of  the  market 
value  of  land  mentioned  against  serial  number  1 
multiplied  by  the  factor  specified  against  serial 
number 2 for rural areas or serial number 3 for urban 
areas  plus  value  of  assets  attached  to  land  or 
building against serial number 4 under column (2).  

Market  value  of  land  mentioned  against  serial 
number  1  multiplied  by  the  factor  specified  against 
serial number 2 plus value of assets attached to land 
or building mentioned against serial number 4 under 
column  (2)  plus  solatium  mentioned  against  serial 
number 5 under column (2). 

Market  value  of  land  mentioned  against  serial 
number  1  multiplied  by  the  factor  specified  against 
serial number 3 plus value of assets attached to land 
or building mentioned against serial number 4 under 
column  (2)  plus  solatium  mentioned  against  serial 
number 5 under column (2). 

8. 

Other component, if any, to be 
included 

NOTE.–The date on which values mentioned under column (2) are determined should be indicated 

under column (4) against each serial number. 

47 

 
 
 
 
 
 
 
 
 
 
 
 
THE SECOND SCHEDULE 

[See sections 31(1), 38(1) and 105(3)] 

ELEMENTS  OF  REHABILITATION  AND  RESETTLEMENT  ENTITLEMENTS  FOR  ALL  THE  AFFECTED 
FAMILIES (BOTH LAND OWNERS AND THE FAMILIES WHOSE LIVELIHOOD IS PRIMARILY DEPENDENT ON 
LAND ACQUIRED) IN ADDITION TO THOSE PROVIDED IN THE FIRST SCHEDULE. 

Serial 
No. 

Elements of Rehabilitation 
and Resettlement 
Entitlements 

Entitlement/provision 

(1) 

1. 

Provision  of  housing  units 
in case of displacement 

(2) 

(3) 

Whether 
provided or 
not (if 
provided, 
details to be 
given) 

(4) 

2. 

Land for Land 

(1) If a house is lost in rural areas, a constructed house 
shall  be  provided  as  per  the  Indira  Awas  Yojana 
specifications.  If  a  house  is  lost  in  urban  areas,  a 
constructed house shall be provided, which will be not 
less than 50 sqmts in plinth area. 

(2) The benefits listed above shall also be extended to 
any  affected  family  which  is  without  homestead  land 
and  which  has  been  residing  in  the  area  continuously 
for  a  period  of  not  less  than  three  years  preceding  the 
date of notification of the affected area and which has 
been involuntarily displaced from such area: 

Provided  that  any  such  family  in  urban  areas  which 
opts not to take the house offered, shall get a one-time 
financial assistance for house construction, which shall 
not be less than one lakh fifty thousand rupees: 

Provided  further  that  if  any  affected  family  in  rural 
areas  so  prefers,  the  equivalent  cost  of  the  house  may 
be offered in lieu of the constructed house: 

Provided  also  that  no  family  affected  by  acquisition 
shall  be  given  more  than  one  house  under  the 
provisions of this Act. 

Explanation.–The  houses 
necessary,  be  provided 
complexes. 

in  urban  area  may, 
if 
in  multi-storied  building 

In the  case  of irrigation project, as far as possible and 
in  lieu  of  compensation  to  be  paid  for  land  acquired, 
each  affected  family  owning  agricultural  land  in  the 
affected area and whose land has been acquired or lost, 
or who has, as a consequence of the acquisition or loss 
of land, been reduced to the status of a marginal farmer 
or  landless,  shall  be  allotted,  in  the  name  of  each 
person included in the records of rights with regard to 
the affected family, a minimum of one acre of land in 
the command area of the project for  which the land is 
acquired: 

Provided that in every project those persons losing land 
and  belonging 
the 
Scheduled  Tribes  will  be  provided  land  equivalent  to 
land acquired or two and a one-half acres, whichever is 
lower. 

the  Scheduled  Castes  or 

to 

48 

 
 
 
 
(1) 

3. 

Offer forDeveloped Land 

(2) 

(3) 

(4) 

4. 

Choice of Annuity or 
Employment 

5. 

Subsistence grant 
fordisplaced families for a 
period of one year 

In case the land is acquired for urbanisation purposes, 
twenty per cent. of the developed land will be reserved 
and offered to land owning project affected families, in 
proportion  to  the  area  of  their  land  acquired  and  at  a 
price  equal  to  the  cost  of  acquisition  and  the  cost  of 
development: 

Provided  that in case the land owning project affected 
family  wishes  to  avail  of  this  offer,  an  equivalent 
amount  will  be  deducted  from  the  land  acquisition 
compensation package payable to it. 

The  appropriate  Government  shall  ensure  that  the 
affected  families  are  provided  with  the  following 
options: 

(a)  where  jobs  are  created  through  the  project,  after 
providing suitable training and skill development in the 
required field, make provision for employment at a rate 
not lower than the minimum wages provided for in any 
other  law  for  the  time  being  in  force,  to  at  least  one 
member  per  affected  family  in  the  project  or  arrange 
for a job in such other project as may be required; or 

(b)  onetime  payment  of  five  lakhs  rupees  per  affected 
family; or 

(c)  annuity  policies  that  shall  pay  not  less  than  two 
thousand rupees per month per family for twenty years, 
with  appropriate  indexation  to  the  Consumer  Price 
Index for Agricultural Labourers. 

Each affected family  which is displaced from the land 
acquired  shall  be  given  a  monthly  subsistence 
allowance  equivalent  to  three  thousand  rupees  per 
month for a period of one year from the date of award. 

In  addition  to  this  amount,  the  Scheduled  Castes  and 
the  Scheduled  Tribes  displaced  from  Scheduled  Areas 
shall  receive  an  amount  equivalent  to  fifty  thousand 
rupees. 

In  case  of  displacement  from  the  Scheduled  Areas,  as 
far as possible, the affected families shall be  relocated 
in  a  similar  ecological  zone,  so  as  to  preserve  the 
economic  opportunities, 
and 
community life of the tribal communities. 

language, 

culture 

6. 

7. 

Transportation cost for 
displaced families 

Each affected family which is displaced shall get a one-
time  financial  assistance  of  fifty  thousand  rupees  as 
transportation  cost  for  shifting  of  the  family,  building 
materials, belongings and cattle. 

Cattle shed/Petty shops cost  Each  affected  family  having  cattle  or  having  a  petty 
shop  shall  get  one-time  financial  assistance  of  such 
amount  as  the  appropriate  Government  may,  by 
notification,  specify  subject  to  a  minimum  of  twenty-
five  thousand  rupees  for  construction  of  cattle  shed  or 
petty shop as the case may be. 

49 

 
 
 
 
 
 
 
 
 
(1) 

8. 

(2) 

(3) 

(4) 

One-time grant to 
artisan, small traders and 
certain others 

or 

land 

Each affected family of an artisan, small 
trader  or  self-employed  person  or  an 
family  which  owned  non-
affected 
agricultural 
commercial, 
industrial or institutional structure  in the 
affected  area,  and  which  has  been 
involuntarily displaced from the affected 
area  due  to  land  acquisition,  shall  get 
one-time  financial  assistance  of  such 
amount  as  the  appropriate  Government 
may, by notification, specify subject to a 
thousand 
minimum  of 
rupees. 

twenty-five 

9. 

Fishing rights 

10. 

11. 

One-time Resettlement 
Allowance 

Stamp duty and 
registration fee 

In  cases  of  irrigation  or  hydel  projects, 
the  affected  families  may  be  allowed 
fishing  rights  in  the  reservoirs,  in  such 
manner  as  may  be  prescribed  by  the 
appropriate Government. 

Each  affected  family  shall  be  given  a 
one-time  “Resettlement  Allowance”  of 
fifty thousand rupees only. 

(1)  The  stamp  duty  and  other  fees 
payable  for  registration  of  the  land  or 
house  allotted  to  the  affected  families 
shall be borne by the Requiring Body. 

(2)  The  land  for  house  allotted  to  the 
affected  families  shall  be  free  from  all 
encumbrances. 

(3) The land or house allotted may be in 
the  joint  names  of  wife  and  husband  of 
the affected family. 

50 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
THE THIRD SCHEDULE 

[See sections 32, 38(1) and 105(3)] 

PROVISION OF INFRASTRUCTURAL AMENITIES 

For  resettlement  of  populations,  the  following  infrastructural  facilities  and  basic  minimum 
amenities  are  to  be  provided  at  the  cost  of  the  Requisitioning  Authority  to  ensure  that  the  resettled 
population in the new village or colony can secure for themselves a reasonable standard of community 
life and can attempt to minimise the trauma involved in displacement. 

A reasonably habitable and planned settlement would have, as a minimum, the following facilities 

and resources, as appropriate: 

Details of infrastructure 
amenities provided by the 
acquirer of land 

(3) 

Serial 
No. 

Component of infrastructure amenities provided/proposed to be 
provided by the acquirer of land 

(1) 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

(2) 

Roads within the resettled villages and an all-weather road link to the 
nearest pucca road, passages and easement rights for all the resettled 
families be adequately arranged. 

Proper drainage as well as sanitation plans executed before physical 
resettlement. 

One or more assured sources of safe drinking water for each family as 
per the norms prescribed by the Government of India. 

Provision of drinking water for cattle. 

Grazing land as per proportion acceptable in the State. 

A reasonable number of Fair Price Shops. 

Panchayat Ghars, as appropriate. 

Village level Post Offices, as appropriate, with facilities for opening 
saving accounts. 

Appropriate seed-cum-fertilizer storage facility if needed. 

Efforts must be made to provide basic irrigation facilities to the 
agricultural land allocated to the resettled families if not from the 
irrigation project, then by developing a cooperative or under some 
Government scheme or special assistance. 

All new villages established for resettlement of the displaced persons 
shall be provided with suitable transport facility which must include 
public transport facilities through local bus services with the nearby 
growth centres/urban localities. 

Burial or cremation ground, depending on the caste- communities at 
the site and their practices. 

Facilities for sanitation, including individual toilet points. 

Individual single electric connections (or connection through non-
conventional sources of energy like solar energy), for each household 
and for public lighting. 

Anganwadi’s providing child and mother supplemental nutritional 
services. 

School as per the provisions of the Right of Children to Free and 
Compulsory Education Act, 2009 (35 of 2009); 

51 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(1) 

17. 

18. 

19. 

20. 

21. 

22. 

23. 

24. 

25. 

(2) 

(3) 

Sub-health centre within two kilometres range. 

Primary Health Centre as prescribed by the Government of India. 

Playground for children. 

One community centre for every hundred families. 

Places of worship and chowpal/tree platform for every fifty families for 
community assembly, of numbers and dimensions consonant with the 
affected area. 

Separate land must be earmarked for traditional tribal institutions. 

The forest dweller families must be provided, where possible, with 
their forest rights on non-timber forest produce and common property 
resources, if available close to the new place of settlement and, in case 
any such family can continue their access or entry to such forest or 
common property in the area close to the place of eviction, they must 
continue to enjoy their earlier rights to the aforesaid sources of 
livelihood. 

Appropriate security arrangements must be provided for the settlement, 
if needed. 

Veterinary service centre as per norms. 

NOTE.–  Details  of  each  component  of  infrastructural  amenities  mentioned  under  column  (2)  against 

serial numbers 1 to 25 should be indicated by the acquirer of land under column (3). 

52 

 
 
 
 
 
 
 
 
 
 
 
THE FOURTH SCHEDULE 

(See section 105) 

LIST OF ENACTMENTS REGULATING LAND ACQUISITION AND REHABILITATION AND 
RESETTLEMENT 

1.  The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958). 

2.  The Atomic Energy Act, 1962 (33 of 1962). 

3.  The Damodar Valley Corporation Act, 1948 (14 of 1948). 

4.  The Indian Tramways Act, 1886 (11 of 1886) 

5.  The Land Acquisition (Mines) Act, 1885 (18 of 1885). 

6.  The Metro Railways (Construction of Works) Act, 1978 (33 of 1978). 

7.  The National Highways Act, 1956 (48 of 1956). 

8.  The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 

1962). 

9.  The Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952). 

10. The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (60 of 1948). 

11. The Coal Bearing Areas Acquisition and Development Act, 1957 (20 of 1957). 

12. The Electricity Act, 2003 (36 of 2003). 

13.  The Railways Act, 1989 (24 of 1989). 

––––––– 

53 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Maharashtra 

STATE AMENDMENTS 

After the Fourth Schedule to the principal Act, the following Schedule shall be added, namely:- 

“THE FIFTH SCHEDULE 

(See section 105-A) 

LIST OF MAHARASHTRA ENACTMENTS REGULATING LAND  
ACQUISITION IN THE STATE OF MAHARASHTRA 

1. The Maharashtra Highways Act (LV of 1955). 

2. The Maharashtra Industrial Development Act, 1961 (Mah. III of 1962). 

3. The Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966). 

4. The Maharashtra Housing and Area Development Act, 1976 (Mah. XXVIII of 1977).” 

[Vide Maharashtra Act 37 of 2018, sec. 12 (w.e.f. 26-4-2018).] 

54 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
